Exam 4: The Constitution: Focus on Application to Business

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

A state law prohibiting anonymous communications on the internet (such as sending spam from unidentified sources)was stricken as a violation of the First Amendment.

In Northwestern States Portland Cement v.Minnesota,the Supreme Court ruled on whether a state could "impose taxes upon persons passing through the state." Such taxes were held:

In practice,the commerce clause of the Constitution:

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

Congress may not impose regulations on a particular industry that have a primary impact in one state.

It was a violation of the equal protection clause of the Constitution for the state of Virginia to offer certain higher education benefits to men but not to women.

The 16th Amendment to the U.S.Constitution gives the federal government the power to:

The Constitution of the United Kingdom was written initially in 1707.

The Supreme Court in Hughes v.Oklahoma held that the state was unconstitutionally discriminating in interstate trade.

The equal protection clause of the 14th Amendment is used by the courts to ensure that all persons are treated equally under the law.

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

When governments restrict the rights of citizens,unless a fundamental constitutional liberty is at stake,the law needs to relate rationally to ______________to satisfy due process requirements.

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.Prosecutor Reeves charges that your $10,000 contribution to Lucinda Snopes is illegal under a Georgia law that prohibits corporations from donating any money to political campaigns.You argue that this law infringes on your constitutional right to freedom of speech.You are:

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 sheriff's confiscation of your goods may pose which,if any,of The following problems?

The Constitution specifies that political speech is due more protection than is commercial or business speech.

In Reget v.City of La Crosse,the appeals court held that Reget suffered a violation of the Equal Protection Clause because his business was treated differently that similarly situated businesses with respect to the regulations applied to it.

A law that took a protected freedom away from women without a compelling state interest would be unconstitutional because it:

To help stimulate jobs in its wine industry,New York does not tax New York wines but taxes other wines $1 per bottle.This tax is:

In Reget v.City of La Crosse case,where a business owner claims he was selected by the City for bad treatment,the appeals court held that the summary judgment against Reget was correct because: