Exam 4: The Constitution: Focus on Application to Business

Katzenbach v. McClung involved a restaurant that served food to black customers only at take-out windows. White customers would be seated. The Department of Justice was able to successfully sue the restaurant for violation of the Civil Rights Act because:

If a regulatory action by a government destroys half the value of a person's property, the Supreme Court has held that the property owner must receive compensation under the Takings Clause.

Many restrictions on advertising have been held to violate both the Constitution and the antitrust laws.

In Nollan v. California Coastal Commission, the Supreme Court held the Nollan's must pay compensation to the government if they wanted to build on their beach property.

To protect the public, government agencies may share any damaging evidence obtained in any search or seizure of business property.

The Supreme Court in Hughes v. Oklahoma held that the state was unconstitutionally discriminating in interstate trade.

The constitutional right to jury trial in criminal cases is addressed by the:

Which of these state taxes are likely to be constitutional?

According to the Supreme Court, an Alabama law charging a special fee for hazardous waste imported into the state is an example of:

In Consolidated Edison Co. v. Public Service Comm., the Supreme Court held that state utility regulators could prohibit all expenditures by a business spent for political purposes only because the business is "highly regulated."

In Consolidated Edison Co. v. Public Service Comm., the Supreme Court held that state utility regulators could impose restrictions on the time, place or manner in which political speech was delivered so long as the restriction was "reasonable."

As held by Chief Justice Marshall in Gibbons v. Ogden, commerce among the states means:

In McCulloch v. Maryland, concerning a tax imposed by Maryland on a national bank, the Supreme Court held:

Fact Pattern 4-1 You own Priscilla's Pecans. You employ five people and sell your pecan products in one town in Georgia. Your products are not sold in any other state. The federal government imposes regulations on the pecan industry. The Georgia legislature issues its own safety laws that are stricter than the federal rules. Georgia also places a tax on pecan products made out-of-state because it fears those products will not be as safe as those produced in Georgia under the strict Georgia regulations. The regulations raise the cost of doing business. To register your unhappiness with the Georgia regulations you attach a label to your products that alerts customers to the rules and expresses your view that the rules are unnecessary and too costly. You donate $10,000 to the campaign of Lucinda Snopes, a friend who is running for the legislature. She opposes the pecan law. Buddy Reeves, the county attorney, reads the label criticizing the new safety regulations. He draws up a complaint against you and against Priscilla's for distributing inflammatory statements in commerce. He instructs the sheriff to seize your products in order to stop distribution of your statement, which the sheriff does. You contact attorney Travis Shifflett and ask him to represent you. -Refer to Fact Pattern 4-1. How do the federal safety regulations affect Priscilla's?

The Necessary and Proper Clause concerns the specific steps Congress must take to pass needed laws under the Constitution.

In addition to raising revenue to pay for government services, taxes:

In McCulloch v. Maryland, the Supreme Court held that the Congress did not have the constitutional power necessary to charter a bank; that was a function reserved to the states.

To become effective, the original Constitution had to be adopted by at least one half of the original states of the union.

Traditionally there have been more restrictions on:

Which of the following types of speech are not protected by the First Amendment?