Exam 4: The Constitution: Focus on Application to Business

The states do not have the power to limit federal taxes on property owned by citizens in their own states. National:  AACSB Analytic; AICPA BB-Legal

Many restrictions on advertising have been held to violate both the Constitution and the antitrust laws.

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

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:

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:

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

In Japan Line,Ltd.v.County of Los Angeles,the Supreme Court held that is was constitutional for California to tax foreign commerce,so long as the tax was correctly apportioned.

Indiana imposes a one percent property tax on grocery stores built before 1970 and a five percent property tax on grocery stores built after 1970.The different tax rates are probably:

If there is a product about which consumers are ignorant,such as prescription drugs,the states may prohibit the advertising of such products and their prices.

The Supreme Court struck down a tax imposed by Maryland on a national bank because the tax violated the Supremacy Clause.

Which of the following is a key issue in Fourth Amendment cases:

Amendments to the Constitution must be initiated by the Senate then approved by the President and the Supreme Court.

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:

Congress passes a law banning racial discrimination at restaurants.One located in a small town does not want to serve African-Americans.The discrimination law will not apply because the business is not in interstate commerce.

Before being controversially struck down by the Supreme Court in the Citizens United case,the McCain-Feingold Act:

Braswell v.U.S.involved the sole shareholder of a company who refused to produce company records that were subpoenaed.To protect himself,he successfully invoked the Fifth Amendment rule against self-incrimination.

In New York v.Burger,a junkyard owner claimed that a New York statute permitting warrantless searches of junkyards was a violation of the 4th Amendment.The Supreme Court held that the statute was:

In Pro's Sports Bar & Grill v.City of Country Club Hills in which the City of Country Club Hills did not renew Pro's Sports Bar & Grill's liquor license,the appeals court applied a two-step approach to determine if due process had been violated.The two steps are:

The Constitution was amended almost immediately to ensure that there was:

Auto junkyards,which can become chop shops for stolen vehicles and parts,are an example of: