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Source Tenth Amendment Complete Constitutional Law List Matched to this deck.

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0 tracked cards Constitutional Law

Congress enacted national safety standards for private surface-mining companies. The statute allows each state to administer the standards through a state permitting program if the state chooses. If a state declines, a federal agency will issue permits directly to private mine operators in that state and preempt conflicting state rules.
A state argues that the statute commandeers state government. Which statement is most accurate?

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The program is valid only if state legislators personally vote to approve each federal mine permit. The program is valid if the state remains free to decline administration and accept federal regulation of private mine operators instead. The program is invalid because Congress must let each state set its own mining-safety standards. The program is invalid because any federal standard that a state may administer is commandeering.

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