Exam 4: The Constitution: Focus on Application to Business

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

If a government rule applies differently to different persons,such as on the basis of age or sex,the equal protection clause of the 14th Amendment may be violated.

Foreign commerce:

When a newspaper criticizes a commercial entity such as a business,the business must be able to prove negligence to recover damages for a defamatory falsehood.

In Wickard v.Filburn the Supreme Court held that Congress has the constitutional authority to regulate agricultural production even if the output is not sold into commerce.

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

Which of the following is likely to violate the due process clause:

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

Agents of the Software Agency (SA)check companies to be sure all the software they use is properly licensed,not copied.SA agents arrive at Bob's Drugs to conduct an inspection.Bob asks the agent to see her search warrant,otherwise he will not admit her.The SA contends that a warrant is not needed to conduct a routine search to see if SA regulations are being followed.The Supreme Court is likely to say that warrants by SA officials are:

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

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

Suppose the Texas legislature ruled that all motorcycle drivers and passengers under the age of 21 had to wear helmets.This could be attacked by a young motorcycle driver who did not want to wear a helmet as a violation of:

In Central Hudson Gas & Electric Corp.v.Public Service Comm. ,the New York utility commission ruled that electric utilities could not advertise to promote the use of electricity.The Supreme Court held that the:

The constitutional requirement that governments must give just compensation for property taken for public use is known as:

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:

A person caught taking over $350,000,in cash,out of the country without reporting the fact to the government was required by the Supreme Court to forfeit the cash to the government;it was not an excessive fine in violation of the Eighth Amendment.

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

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

If a person produces a product locally and sells the product locally,federal regulation of the product would not apply since there is only intrastate commerce.

The First Amendment to the Constitution: