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MMLU / A state recently enacted a statute requiring the following of all construction…

Problem

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question

A state recently enacted a statute requiring the following of all construction companies that do business with and for the state (defined generally as selling goods or providing services to the state, its agencies, or subdivisions):Such businesses must purchase insurance only from insurance companies chartered in the state and thus be subject to regulation by the state insurance commissioner; €” In hiring any unskilled laborers for employment in connection with state business, preference must be given to citizens of the state;Nonresident aliens shall be prohibited from engaging in any state related business activities; €” All buildings constructed for the state must have roofs composed of adobe, which is composed of yellow silt or clay deposits found only in the state. The proposed statute's preamble recites that its provisions will ensure: €” responsible insurance coverage for all those who do business with the state;an increased standard of living for the citizens who comprise the state's labor force; €” the lowest possible expenditures by the state government; and €” a beautiful, uniform aesthetic decor for all new state buildings. If the state statute is attacked as violating the commerce clause, which of the following statements is most accurate?

choices

  1. The statute is a valid exercise of the state's police power to legislate to protect the health, safety, morals, and welfare of its citizens.
  2. The statute falls within the reserved powers under the Tenth Amendment.
  3. The statute should be invalidated if there are nondiscriminatory reasonable alternatives available to serve legitimate local interests.
  4. The statute is a valid exercise of state action only if the federal government has not previously "occupied the field" in this area.

subject

professional_law

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Source and history

task_id
e7c85ade-c2f7-5c3f-8345-863b8ba487f1
task_key
all--test--e7c85ade-c2f7-5c3f-8345-863b8ba487f1
task_revision_id
1
config / split
all / test

Official source

initial import