Exam 4: The Constitution: Focus on Application to Business

Publications like newspapers have an unrestricted right,under the First Amendment,to make any statement they want to about commercial products.

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:

The Fifth Amendment protects individuals against:

The U.S.Constitution was ratified and became effective in:

The most important part of the Constitution with respect to businesses is:

The Supreme Court strikes down state laws that are found to restrict interstate commerce.

The rule of law and the supremacy of Parliament are:

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

Which of these state taxes are likely to be constitutional?

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

In Wickard v.Filburn,the Supreme Court held that if a farmer only produced wheat to be used on that farmer's property then there is no commerce to be regulated by Congress.

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.

Taken together,the Necessary and Proper Clause and the Commerce Clause,provides justification for:

Many key parts of the Constitution are written:

Restrictions on advertising for professional services are:

If Congress passes a regulation,a state is allowed to eliminate parts of the federal rule that injure businesses in that state.

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.Georgia may pass pecan regulations for Georgia producers that are stricter than the federal regulations so long as:

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

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