Exam 4: The Constitution: Focus on Application to Business

The first ten amendments of the U.S. Constitution are called:

Restrictions on advertising for professional services are:

In Davis v. Michigan Dept. of Treasury, Michigan exempted from state income taxes the retirement benefits paid to state employees. The state taxed all other retirement income, such as retired federal government employees' benefits. This law was found:

In addition to its restriction on "cruel and unusual punishments," the Eight Amendment of the U.S. Constitution also holds that:

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court held:

If a business is regulated under a statute, federal officials have the right to enter the business at any time to conduct inspections as needed to allow proper enforcement of the law.

In general, the Supreme Court holds it constitutional for Congress to regulate most every aspect of business.

Suppose Congress passed a law preventing lenders from charging debtors more than a 12 percent annual interest rate. Fritz's Loan Company has one office in Orlando and only lends money to people in Florida. Fritz challenges the constitutionality of the application of the law to his business, because he conducts it all within one state. The law is probably:

Regulation of commercial speech must be:

In Frensenius Medical Care Holdings v. Tucker, the appeals court held it violated equal protection to restrict physician ownership of certain medical facilities because no rational bsis was shown for the rule.

The Supreme Court has held that Congress may pass taxes so long as they do not interfere with interstate commerce.

The Supreme Court defines the term "interstate," as used in connection with the Commerce Clause, narrowly.

A state may not regulate public safety without permission of Congress.

In Hughes v. Oklahoma, Oklahoma law forbid the export of natural minnows, to help protect the state's natural resources. When this law was challenged, the Supreme Court held that the law was inconsistent with the basic principle that:

When the state infringes on fundamental liberty interests without narrowly tailoring that infringement to serve a compelling state interest it is violating:

For a state to tax a business, the state must have:

In Katzenback v. McClung, concerning race discrimination at a restaurant, the Court held that the Constitution does not allow federal regulation of purely local businesses, even if the goal is socially desirable.

In practice, the commerce clause of the Constitution:

The Supreme Court in Hughes v. Oklahoma held that when states have legitimate interests in regulating an area, such as environmental protection, the regulations imposed must have only "incidental" effects on interstate commerce.

States may not copy federal regulations if: