Next Generation Bar Exam Quiz
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CONSTITUTIONAL LAW
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After the Supreme Court held that the Commerce Clause does not permit Congress to prohibit the possession of handguns near schools, Congress enacted the School Safety Tax Act, imposing a tax of 10% of the sales price on every retail sale of a handgun to reduce the presence of handguns near schools and to raise revenue for school safety. The tax applies to all handgun sales, is collected by licensed dealers and remitted to the IRS, and is projected to raise $300 million annually. A dealer challenges the tax, arguing that Congress is using the taxing power to accomplish an objective beyond its commerce power.
Which of the following is the most accurate constitutional analysis?
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