Exam 4: The Constitution: Focus on Application to Business

Restrictions on advertising for professional services are:

If Congress passes a regulation, a state is allowed to eliminate parts of the federal rule that injure businesses in that state.

In McCulloch v. Maryland, the Supreme Court held:

The government seized a large amount of cash (as the "instrumentality" of the crime) being carried out of the country by a couple who failed to report that they were leaving the country with more than $10,000. The Supreme Court held that the seizure of the cash was:

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

In Marshall v. Barlow's, where the Occupational Safety and Health Administration asked the Supreme Court to require businesses to admit inspectors to conduct warrantless searches, the Supreme Court held that:

In Baccus Imports v. Dias, The state of Hawaii imposed a 20 percent tax on all alcoholic beverages except for local products. This law was found:

Suppose the city changes the regulations concerning property next to a home. As a result of the new regulation, a garbage dump will be built on that property, resulting in a fall in the value of the home of fifty percent. The home owner sues for compensation for a taking. The likely result will be:

The Fourth Amendment of the Constitution:

The Fifth Amendment protects individuals against:

In Central Hudson Gas & Electric Corp., the Supreme Court held that the New York Public Service Commission and other governmental agencies could restrict misleading advertising.

If a state regulates a business and later Congress imposes its own regulations, under the Tenth Amendment, the existing state rules may not be replaced by federal rules adopted later.

The Supreme Court held that although a state can regulate attorneys, prohibiting lawyers from sending letters to solicit business from potential clients is not constitutional.

It was a violation of the equal protection clause of the Constitution for states to have "Jim Crow" laws that served to discriminate against minorities.

The ____ Amendment to the U.S. Constitution gives the federal government the power to impose income taxes.

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?

If a state bans the sale of milk that is not produced by cows in the state, the ban will probably be upheld as constitutional because it helps ensure the freshness of milk.

If Congress passes a law regulating business in a certain manner, states may then pass laws that duplicate the effect of the regulation.

Florida passes a tax that applies only to foreign ships that unload cargo at the ports of Miami and Tampa. This tax is:

The commerce clause of the U.S. Constitution: