Which of the following is a power the Constitution allows that could limit individual rights?
A. It allows all individual rights to be suspended during times of national emergency.
B. It allows the judicial branch to have the sole authority to restrict rights when necessary.
C. It allows the president to add statements that place restrictions on rights based on court case decisions.
D. It allows the legislative branch to make necessary and proper laws to maintain stability and security.
Answer (2)
The Constitution allows for certain individual rights to be suspended during times of national emergency (A). In times of national emergency in American history certain rights have been ignored as listed in the Constitution. For example during the Civil War President Abraham Lincoln suspended the right to Habeas Corpus of citizens. This could occur in other times of national emergency.
The Constitution allows for the legislative branch to make necessary laws, which can limit individual rights for public safety, especially during emergencies. This power is derived from the Necessary and Proper Clause in Article I, Section 8. However, any limitations must still comply with constitutional protections.
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