Question

What is the FOUR PART TEST used by congress to determine if a regulation can discriminate or unduly burden?

1) Substantial nexus, fair tax apportionment, no advantage, and fairly related
2) Equal protection, due process, rational basis, and strict scrutiny
3) Necessary and proper, commerce clause, supremacy clause, and takings clause
4) Free exercise, establishment clause, lemon test, and compelling interest

Answer 1

The FOUR PART TEST used by Congress to determine if a regulation can discriminate or unduly burden includes: substantial nexus, fair tax apportionment, no advantage, and fairly related.

Step-by-step explanation:

The correct answer is:

1. Substantial nexus: This test requires a substantial connection between the regulation and the activity being regulated.
2. Fair tax apportionment: This test ensures that the regulation does not unfairly burden certain taxpayers.
3. No advantage: This test prohibits regulations that provide unjust advantages to certain parties.
4. Fairly related: This test demands that the regulation is fairly related to the purpose it seeks to achieve.

These four criteria are used by Congress to determine if a regulation can discriminate or unduly burden.