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Assume That a State and the Federal Government Hold Concurrent

Question 3

Multiple Choice

Assume that a state and the federal government hold concurrent jurisdiction over an issue and furthermore, both have enacted statutes to regulate the subject. However, the state statute is contrary to the federal law. The state law is:


A) valid.
B) invalid as preempted by the federal law under the Supremacy Clause.
C) invalid as preempted by the Necessary and Proper Clause.
D) invalid as violating the dormant Commerce Clause.

Correct Answer:

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