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MMLU / Congress enacted a statute taxing the sale of automobiles. In an inseverable…

Problem

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question

Congress enacted a statute taxing the sale of automobiles. In an inseverable portion of that same law, the entire proceeds of the tax are appropriated on a continuing basis for direct payments to an education fund. The education fund is dedicated to educating people about the importance of mass transportation as an alternative to automobiles, which the fund considers a major source of pollution. As a matter of constitutional law, which of the following statements concerning the continuing federal appropriation to the education fund is most accurate?

choices

  1. It is constitutional because Congress could reasonably believe that such a subsidy to this particular museum will benefit the cultural life of the nation as a whole.
  2. It is constitutional because Congress can demonstrate that such a subsidy is rationally related to a legitimate public interest.
  3. It is unconstitutional because it is not apportioned among the several states on an equitable basis.
  4. It is unconstitutional because it advances the welfare only of thosepersons who are interested in cleanair.

subject

professional_law

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