Exam 4: The Constitution: Focus on Application to Business

"...nor shall private property be taken for public use, without just compensation." is part of:

The Fifth Amendment:

In Katzenbach v. McClung, the Supreme Court held that Congress had, in passing the Civil Rights Act of 1964, used which basis for applying federal regulations to a small restaurant?

It was not until the 1930s that the Supreme Court held the states could not interfere with federal regulation of business.

An amendment to the Constitution may be approved to become effective by:

The Supreme Court in Hughes v. Oklahoma held that states have compelling interests in protecting natural resources and these interests supersede the Commerce Clause.

The Supreme Court struck down a tax imposed by Maryland on a national bank because the tax violated the Supremacy Clause.

There are limits on Congressional power to regulate commerce. Congress may not:

Wickard v. Filburn concerned the ability of Congress to impose federal controls on wheat production, including a small farm that produced only 239 bushels of wheat, all for use on the farm. The Supreme Court held that the controls were:

Which of the following is NOT an Article of the Constitution:

You purchase 150 acres of property in the Oregon mountains that is zoned for construction on pieces of land more than 40 acres in size. Before you build a home, the Oregon legislature passes the Preservation Act, which prohibits construction. Your land is nearly worthless now and you sue. Your basis for a suit against Oregon is:

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. The tax Georgia places on out-of-state pecan producers is:

In New York v. Burger, the Supreme Court held that a closely regulated industry may be subject to warrantless searches without violating the Constitution.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" is the:

If a government regulation applies differently to different persons, so long as it is applied "evenly" there is usually no violation of the due process clause of the 14th Amendment.

The Uniform Division of Income for Tax Purposes Act uses which of the following factors to divide a company's income:

Taxes raise revenues for the government. Taxes may be:

The Constitution gives Congress the power to tax in:

To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is:

If a publication is sued for making critical comments about a product that could injure its reputation, the party bringing suit must show that there was malice or a reckless falsehood for there to be liability imposed.