Exam 5: Business and the Constitution

During President Obama's State of the Union address in 2009,Justice Alito was captured on camera visibly disagreeing with the President about theoutcome of the Citizens United case.

One state can impose a tax on a corporation's property if the corporation does any business in the state.

Bailey's Brake Service,a bit of an eyesore at a main intersection near the faltering downtown area of Mesa,Arizona,was a family-founded,owned and operated business that had been open in its existing location since 1970.Lenhardt's True Value Hardware store was also a longstanding Mesa business with a location south and east of Bailey's and a desire for a better location as well as a professed desire to revitalize Mesa's downtown area.The Lenhardts had purchased the property abutting Bailey's but felt that the street-facing Bailey's property was necessary for its location,location,location. The city fathers and mothers were in favor of condemnation of the Bailey use,a taking by eminent domain,followed by a "reissuing" of the once Bailey property to Lenhardt's for its construction of a new and much less eyesoreish retail establishment on the site: Randy Bailey challenged the taking of his business as unconstitutional.Discuss the issues in his case and challenge to the city's taking by eminent domain.

Executive orders:​

The states' police powers are subject to a balancing test.