Exam 4: A: Constitutional Authority to Regulate Business

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Under the commerce clause,a state may impose a higher tax on out-of-state products shipped to in-state locations.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Adult Shoppe in Beach City sells a variety of publications,including child pornography.Beach City enacts an ordinance prohibiting the sale of such materials.This ordinance is most likely

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Substantive due process limits what the government can do in its legislative capacity.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The state legislature of Kansas enacts a statute to regulate trucking that affects interstate commerce.This statute will be balanced in part in terms of

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Charlie,the owner of Charlie's Foreign Auto Repair Service,files a suit against the state of Delaware,claiming that a state law violates the commerce clause.The court will agree if the statute

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Congress enacts the Advertising Restriction Act (ARA.The ARA will be considered valid if it directly advances a substantial government interest and

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The First Amendment protects obscene speech.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Generally,government inspectors have the right to enter business premises without a warrant.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Under the U.S.Constitution,each branch of government limits some actions of the other branches.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -A state law that treats nonresidents different from residents may violate the privileges and immunities clause.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Justice For All,a political organization,files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials.This claim is most likely based on the right to

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The courts determine when the laws restricting free speech are justified by the need to protect other rights.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -A decision by the Environmental Protection Agency (EPA)on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law.In this situation

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The Bill of Rights protects individuals against various types of interfer?ence by the government.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Congress enacts a law prohibiting toys made in China from being sold in the United States.The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys.Hawaii's law will most likely be

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Iowa enacts a law that restricts certain kinds of advertising to protect consumers from being misled.This law would likely be held by a court to be

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -The full faith and credit clause ensures that rights established under a contract in one state are honored by other states.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Under their police powers,states can regulate private activities to protect or promote the public order,health,safety,morals,and general welfare.

Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Preemption is a doctrine under which a state law takes precedence over a conflicting federal law.