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Source Statutory Analysis Complete MPT and Lawyering Skills List Showing the closest available flashcard practice.

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0 tracked cards Constitutional Law

Congress enacted a hospital-safety statute. One section requires every hospital that receives medical supplies shipped in interstate commerce, including state-owned hospitals, to report infection rates to a federal agency. Another section requires each state health department to inspect private hospitals for compliance with the federal reporting rule and to issue federal fines for violations.
State E challenges both duties under the Tenth Amendment. Which statement is most accurate?

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The inspection duty is valid because Congress could have created federal inspectors but chose a cheaper method. The reporting duty imposed on state-owned hospitals is more likely valid direct regulation, but the duty requiring state health departments to inspect private hospitals and issue federal fines is likely invalid commandeering. Both duties are valid only if state legislatures first enact identical inspection laws. The reporting duty is invalid because state-owned hospitals are immune from generally applicable federal regulation.

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