Eager to flex their muscles after another round of electoral victories, new Republican congressional majorities kick off the 20223 congressional term by passing the Make American Food Great Again Act (MAGGAA). Among other things, the Act prohibits the production , distribution, or consumption of broccoli, spinach, and any other green vegetable not found on the menu at McDonald's, KFC, or Chick Fil-A fast food restaurants. The penalty for noncompliance is 30 days in jail for the first offense, with an additional 60 days for each subsequent offense. According to the preamble to the Act, Congress determined that this purchase mandate was necessary to suppress a highly injurious, multi-billion dollar interstate traffic in vegetables eaten primarily by smug and self-righteous coastal elites. In response to the Act, #failingNewYorkTimes columnist and notable vegetarian Agnes Carrot filed suit alleging that MAFGA exceeds Congress' commerce power.

Which of the following statements best captures the question of institutional choice posed by Carrot's lawsuit? A. The question is whether the federal government or the states is best positioned to regulate the production, distribution, and consumption of green vegetables.

B. The question is whether the federal courts or the political process is better positioned to protect the individual liberty to eat green vegetables.

C. The question is whether Congress can infringe the individual right to eat broccoli and spinach.

D. The question is whether MAFGA is a valid exercise of the federal commerce power.