Exam 4: The Constitution: Focus on Application to Business

The Sixth Amendment of the U.S. Constitution:

Which of the following restrictions on commercial speech would you expect to be held to be constitutional under the Central Hudson Gas & Electric test?

In Katzenback v. McClung, concerning race discrimination at a restaurant, the Court held that the Constitution allows federal regulation of even local businesses.

In addition to not being allowed to interfere with interstate commerce, states are not allowed to:

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

The commerce clause does not allow:

In Shapero v. Kentucky Bar Association the state bar association prohibited lawyers from soliciting business by sending truthful letters to prospective clients known to face possible legal action. The Supreme Court held that:

In the case Board of Trustees of the State University of New York v. Fox, the Supreme Court discussed the test for judging commercial-speech regulation. Part of the test is:

In Skinner v. Railway Labor Executives Assn., blood, breath, and urine tests of railroad employees were performed to test for drug or alcohol use. These tests were challenged as an unconstitutional warrantless search of persons. The Supreme Court held that the tests:

States may tax the portion of an interstate business that is produced within its borders.

The Sixth Amendment right to jury trial in criminal cases applies to federal cases, not state cases.

Congress passes a law that employers must give employees up to 12 weeks unpaid leave to attend to family matters. The Virginia legislature decides that this in not enough and passes a law that requires employers in Virginia to provide 16 weeks unpaid leave. This law is likely:

Because of the First Amendment to the U.S. Constitution:

Port cities in California imposed a property tax on cargo containers used by Japanese ships for loading and unloading cargo. The Supreme Court held the tax:

Improperly gather evidence:

Marshall v. Barlow's is a case that helped to establish the rule that warrantless searches can be unconstitutional.

A state may regulate public health without permission of Congress.

Postal authority is an example of:

The courts have ruled that it is not a violation of the Fourth Amendment for government agents to monitor online chat rooms since there is no expectation of privacy in them.

When a company challenges a regulation restricting commercial speech, the company bears the burden of showing the regulation goes beyond reason, as such rules are presumed to be justified.