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MMLU / A state has had a tremendous influx of retired people in recent years. There has…

Problem

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question

A state has had a tremendous influx of retired people in recent years. There has been considerable concern among state health officials who foresee that many of the senior citizens will become victims of price gouging on certain medical supplies and services. In an attempt to curb such fraudulent sales practices, the state legislature has enacted a law prohibiting the sale of hearing aids by non-physicians. The measure provides, however, that all non-physician sellers who are presently engaged in the business of selling hearing aids will not be affected. Assume that after the statute goes into effect, a non-physician moves to the state and wants to open a business selling hearing aids. After being advised that the state law prohibits him from doing so, he brings suit challenging the constitutionality of the statute. The most likely result is that the state law will be declared

choices

  1. constitutional, because there is a rational basis for distinguishing between non-physicians are not so engaged.
  2. constitutional, because a state has the power to regulate any phase of local business, even though such regulations may have some effect on interstate commerce, provided that Congress has not enacted legislation regarding the subject matter.
  3. unconstitutional, because it denies non- physicians who are not presently engaged in the business of selling hearing aids the equal protection of the law, in violation of the Fourteenth Amendment.
  4. unconstitutional, because it violates the commerce clause, since Congress has plenary power to regulate any activity that has any appreciable effect on interstate commerce.

subject

professional_law

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task_id
f3c4f697-c6fe-573c-b147-e9d654369c91
task_key
all--test--f3c4f697-c6fe-573c-b147-e9d654369c91
task_revision_id
1
config / split
all / test

Official source

initial import