Exam 4: The Constitution: Focus on Application to Business

Ohio Phone, a regulated company, sends a flyer to customers with their monthly bill. One flyer tells customers that the Ohio Phone Comm. does not let the company charge fair prices and that the quality of phone service will fall. The Commission orders the company to stop sending mailings that discuss these issues, since the customers are forced to pay for the mailings as a part of their service. The Supreme Court is likely to say that such mailings:

The Supreme Court in Hughes v. Oklahoma held that when states have legitimate interests in regulating an area the regulations imposed must impose as small a burden as possible on interstate commerce, given the alternatives.

If Congress imposes a regulation on an industry that has a limiting effect, the Supreme Court has held that, in general:

Many key parts of the Constitution are written:

The Klan Motel is one of twenty motels in town but the only one that refuses to rent rooms to non-whites. Congress holds that motels may not discriminate on the basis of race. The Klan Motel challenges the regulation as it applies to that motel. The owner will:

A state may not regulate the airline industry, even if flights come into the state, because Congress has chosen to regulate the industry.

The state of California told the owners of a beach-front house that, before it would issue a building permit to allow expansion of the house, the owners had to agree to allow public use of their beach property. The Supreme Court held that this:

As required by Article III of the Constitution, the Supreme Court has the primary role in amending the Constitution.

Federal regulation ____ state regulation.

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:

In McCulloch v. Maryland the Supreme Court upheld the constitutionality of a bank chartered by Congress.

In Quill Corp. v. North Dakota, a state sales tax was imposed on out-of-state firms doing mail-order business with North Dakota residents. This law was found:

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

In Baccus Imports v. Dias, The state of Hawaii imposed a 20 percent tax on all alcoholic beverages except for local products. This law was found:

A law must relate rationally to a legitimate government interest to:

Despite the broad scope of the First Amendment right of freedom of speech, newspapers are not free to print:

Casino gambling is legal in Nevada but illegal in Texas, so Texas could ban the advertising of Nevada gambling in the Texas market.

According to the Supreme Court, an Oklahoma law that required coal-burning power plants in the state to burn at least 10 percent Oklahoma-mined coal is an example of:

Under a Department of Agriculture marketing order, to keep the price of raisins up the government ordered raisin growers to give the government 47 percent of their crop for destruction. The Hornes refused, claiming it was a taking of property for public use without just compensation. The Supreme Court held that:

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 question of whether or not you may attach the label criticizing regulation of pecan products, most significantly affects which of your rights?