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23. Is this tax constitutional as applied to retail sales of newspapers?
In order to reduce the federal deficit, Congress enacted a statute imposing a five percent national retail sales tax. The tax was levied upon all retail sales in the United States and applied equally to the sales of all kinds of goods.
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B is incorrect. This answer reaches the correct answer with the wrong reasoning. It is within the power of Congress to raise revenue through taxes, and this power is plenary. Taxes do not need to be necessary to serve compelling interests to be constitutional.
C is incorrect. The U.S. Constitution does not reserve retail sales taxes for the states.
D is incorrect. Application of the tax to the sale of newspapers does not violate the freedom of the press protected by the First Amendment and trigger strict scrutiny because the tax is generally applicable and in no way targets press operations.