The National Association of State Tire Investigators, Engineers and Sellers (NASTIES) discovers certain evidence that suggests the federal government has been using its taxing powers to benefit wheel manufacturers, but not those who manufacture tires. If the evidence establishes an intent to treat one industry more favorably than another through the taxing power, will the NASTIES be able to require the federal government to change the policy to be non-discriminatory?
A. Yes, discriminatory favoritism is unconstitutional on its face.
B. Yes, but only if the discriminatory favoritism has a 'substantial impact on interstate commerce.'
C. No, because the federal government can constitutionally use taxing power to favor some industries and discourage others, as it has done in many cases in the past.
D. No, because the NASTIES would not be able to establish discriminatory intent, which would be required to overturn the revenue-generating statute.