The Break Free from Plastic Pollution Act was introduced in Congress on March 25, 2021. If this bill was enacted, it would create a $.10 deposit on all glass, metal, and plastic beverage containers. Consumers would pay the deposit at the time of purchase and then could claim a refund of it by returning the containers to the retail store or other redemption centers. Unclaimed deposits would be kept by the producers and/or distributors. Page 2: At the present time, 10 states have a law that creates a deposit on beverage containers. The amount of the deposit created by those state laws ranges from $.05 to 6.15. States vary on how the unclaim oceeds are allocated. Assume that the bill becomes law. It is challenged by the American Beverage Association. The American Beverage Associa is a trade association that represents Page America's non-alcoholic beverage industry. It represents hundreds of beverage producers, distributors, franchise companies and support industries. In this case, it argues that any attempt to apply the Break Free from Plastic Pollution Act to its members will exceed Congress' constitutional power because each of its members is a Page 4 : locally owned establishment. 13 26 25 Question 16 (5 points) Page 5 What legal rule will be used by the court to resolve the issue of the federal government's constitutional authority? 16 17 18 Congress' authority is subordinate to the powers of states. 19 Congress has broad authority to regulate for the public order, health, safety, morals and general welfare. Congress has the authority to regulate interstate commerce and commerce within a state as long as it substantially affects interstate commerce. Congress has the authority to regulate only when the transaction regulated involves parties from more than one state. Question 17 (5 points) The authority of the states that have already passed laws that create a deposit on beverage containers is O part of the states' sovereign powers that are often referred to as police powers. granted by the commerce clause in the U.S. Constitution created by the 1st amendment Question 18 (5 points) How will the state laws that mandate a deposit on beverage containers be impacted if the Break Free from Plastic Pollution Act becomes law? They will not be impacted because the regulatory action of the states will be given priority over the regulatory action of Congress. They will not be impacted because pre-existing state laws are not affected by federal legislation, but the states that do not already have such mandates will be prevented from enacting them. To the extent that the state laws contradict the federal law, the state laws will be invalid because the regulatory action of Congress will be given priority over the regulatory action of the states