Final answer:
The statement regarding the implied agency agreement is false because while some conditions can be undetermined, customary business practices and legal norms help mitigate misunderstandings. Similarly, the notion that the Necessary and Proper Clause limits the national government's power is false, as it has traditionally been used to expand Congressional authority. The correct option is b. false
Step-by-step explanation:
The answer to the student's question is false. An implied agency agreement occurs when the actions of the parties suggest that they have mutually consented to an agency relationship, even though they have not formally expressed it. While it is true that such agreements can leave some conditions undetermined, they often rely on the common practices and legal norms of the industry to fill in gaps. However, implying that they "have a lot of opportunity for misunderstanding" can be misleading because customary business practices and previous interactions between the parties can often mitigate these misunderstandings.
Regarding Exercise 9.3.1, the statement that the necessary and proper clause has had the effect of limiting the power of the national government is also false. The Necessary and Proper Clause, also known as the Elastic Clause, gives Congress the power to pass all laws considered "necessary and proper" for carrying out the enumerated list of powers. Over time, this clause has been interpreted by the courts to provide broad authority to Congress, which has enabled the national government to enact legislation beyond the explicitly enumerated powers in the Constitution. The correct option is b. false