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Intermediate
A state taxes online sales from out-of-state vendors after meeting nexus standards. Which conclusion or instructional emphasis is best supported by the evidence?
Apply the old physical-presence rule as absolute.
Apply a broad majoritarian rule and ignore the constitutional limit or institutional actor in the scenario.
Treat federalism as if either the national or state government has exclusive power in every dispute.
Use modern Commerce Clause reasoning: substantial nexus can exist without physical presence.
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