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question

Recently, Congress enacted a statute requiring all boat owners to register their boats with a newly created federal boat registry. Among the purposes of the statute are the prevention of theft of boats in coastal waters and the protection of the rights of individual boat owners throughout the United States. Congress enacted the statute despite the fact that all states require boat owners to register their craft with the state department of motor vehicles. In addition, there is uncontradicted evidence that most stolen boats are kept or resold in the state in which the theft occurred. Nonetheless, an increasing number of boats are transported to other states and other countries for resale. Is the statute likely to be held constitutional?

choices

  1. No, because most stolen boats remain within the state in which they were stolen.
  2. No, because the registration of boats is a matter reserved to the states by the Tenth Amendment.
  3. Yes, because Congress could determine that the transportation of stolen boats affects interstate commerce.
  4. Yes, because Congress has the power to regulate property for the general welfare.

subject

professional_law

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