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10. May the Department of Energy continue to transport these nuclear materials through the city?
The United States Department of Energy regularly transports nuclear materials through a particular city on the way to a nuclear weapons processing plant it operates in a nearby state. The city recently adopted an ordinance prohibiting the transportation of any nuclear materials in or through the city. The ordinance declares that its purpose is to protect the health and safety of the residents of that city.
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A is incorrect. Even though the ordinance is rationally related to the public health and safety of the city's residents, and therefore constitutional as applied to private parties, it cannot be applied to the federal government because of the Supremacy Clause.
B is incorrect. The Tenth Amendment does not reserve to the states the power to control the federal government. Where there is a conflict between federal action and state or local law, the federal action will prevail as long as the federal action is otherwise valid.
D is incorrect. The ordinance does not classify among who may transfer nuclear materials. Because it is neutral, it does not deny transporters equal protection of the law.