A congressional committee investigated the pharmaceutical industry and found that the high cost of prescription drugs purchased and sold in the United States negatively impacted the nation's economy and the health of its citizens. In response, Congress passed a statute that regulates "the retail prices of every purchase or sale of prescription drugs in the United States."A group of pharmaceutical companies challenged the constitutionality of this statute in federal court.What is the strongest argument in support of the constitutionality of this statute? A. Congress may enact statutes for the general welfare. B. Congress may regulate the prices of all domestic purchases and sales of goods. C. The Constitution grants Congress the power to regulate the interstate transportation of prescription drugs. D. The purchases and sales of prescription drugs in the United States substantially impact interstate commerce in the aggregate.
Question
A congressional committee investigated the pharmaceutical industry and found that the high cost of prescription drugs purchased and sold in the United States negatively impacted the nation's economy and the health of its citizens. In response, Congress passed a statute that regulates "the retail prices of every purchase or sale of prescription drugs in the United States."A group of pharmaceutical companies challenged the constitutionality of this statute in federal court.What is the strongest argument in support of the constitutionality of this statute? A. Congress may enact statutes for the general welfare. B. Congress may regulate the prices of all domestic purchases and sales of goods. C. The Constitution grants Congress the power to regulate the interstate transportation of prescription drugs. D. The purchases and sales of prescription drugs in the United States substantially impact interstate commerce in the aggregate.
Solution
The strongest argument in support of the constitutionality of this statute is D. The purchases and sales of prescription drugs in the United States substantially impact interstate commerce in the aggregate. This is because the Constitution grants Congress the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. This is known as the Commerce Clause. If the purchases and sales of prescription drugs in the United States substantially impact interstate commerce in the aggregate, then Congress has the constitutional authority to regulate it.
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