Exam 4: B: 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. -Law enforcement officials can track the e-mail communications of one party to find out the identities of other parties.

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. -Wyoming enacts a statute that limits the liberty of all persons,including corporations,to broadcast "annoying" radio commercials.This may violate

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. -Beachside City enacts an ordinance that bans the distribu?tion of all printed materials on city streets.Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills.In his suit against the city,a court would likely hold the printed-materials ban 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. -Under their police powers,states can regulate only public activities,such as political demonstrations.

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. -Myra claims that a Nebraska state statute infringes on her "procedural due process" rights.This claim focuses on

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. -Parker owns and operates Rancho Mirage Corporation,a destination resort in Arizona that features horseback riding and bunkhouse accommodations.The Constitution provides that no person shall be deprived of "life,liberty,or property without due process of law." Included as "legal persons" under this clause are

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. -When there is a direct conflict between a federal and a state law,the state law is rendered invalid.

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. -Enterprising Markets Coalition (EMC),a political lobbying group,wants a certain policy enacted into law.If EMC's policy conflicts with the U.S.Constitution,a law embodying it can be imposed by

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. -There is a specific guarantee of a right to privacy in the Constitution.

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 Massachusetts state statute imposes a prison term,without a trial,on all street entertainers who operate in certain areas.A court would likely review this statute under the principles 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. -The Constitution sets out the authority and the limits of the branches of the government.The term checks and balances means that

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 governments retain all powers not specifically delegated to the federal 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. -Jen operates Jen's Fruits & Vegetables,a small market stocked entirely with produce grown on her adjacent farm.Under what clause of the Constitution can the federal government regulate Jen's activities? What is Jen's best argument against federal regulation of her farm and 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. -The First Amendment does not protect corporate political 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. -Len,a citizen of Maryland,obtains a federal license to operate a commercial fishing boat in Chesapeake Bay.The Maryland state legislature enacts a law that bans all commercial fishing in the bay.The state law most likely violates

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 does not protect commercial speech as extensively as noncommercial 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. -Some constitutional protections apply to business entities.

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 law that discriminates based on gender must substantially relate to an important government objective to be valid.

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. -Mike,an advocate of a certain religion,publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles.The First Amendment guarantees Mike's freedom 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. -Old Oak Brewery,Inc. ,makes and sells alcoholic beverages with labels that display a drawing of a squirrel making the gesture generally known as "giving the finger." Old Oak applies to the Ohio State Liquor Authority (OSLA)for brand-label approval to sell the beer in Ohio.Without consid?er?ing alternatives,OSLA denies approval because "the label could ap?pear in grocery stores,with obvious exposure on the shelf to children of tender age." Why would a court hold that the denial of Old Oak's applica?tion vio?lates the First Amendment?