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Source Taxing and Spending Power Complete Constitutional Law List Matched to this deck.

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0 tracked cards Constitutional Law

Congress passed the National Storm Readiness Act, requiring every adult to buy a private emergency-supply kit containing water filters, batteries, and radios. An adult who does not buy a kit must pay a civil penalty to a federal emergency agency. The government defends the mandate solely under the Commerce Clause, arguing that people who lack supplies during disasters shift costs to hospitals, charities, and interstate transportation networks.
An adult who has not bought a kit challenges the mandate. Which statement is most accurate?

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The purchase mandate is valid under the Commerce Clause because uninsured residents will eventually affect interstate emergency-supply markets. The purchase mandate is invalid only as to residents who can prove they will never experience an emergency. The purchase mandate is invalid under the Commerce Clause because it compels individuals to enter commerce instead of regulating existing commercial activity. The purchase mandate is valid because emergency preparedness is an area in which Congress has a general police power.

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