Exam #2 - Exam #2 March 10, 2008 33 MC Chapter 4 (9 Q 27%)...

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Exam #2 March 10, 2008 33 MC Chapter 4 (9 Q 27%) Chapter 5 (4 Q 12%) Chapter 6 (11 Q 33%) Chapter 7 (9 Q 27%) Chapter 4: Constitutional Law Commerce Clause (2 things) 1) Congress power to regulate interstate commerce (including international trade) 2) Puts restriction on states (inhibit states from adopting laws that interfere w/ interstate commerce (Hughes v. Oklahoma); state taxes that burden interstate commerce will be stuck down (pg. 96) Do states have the ability to require out-of-state sellers to collect sales tax? -usually does not require business to collect sales tax unless they have a physical presence Business communication/advertising (can business regulate this?) 1) Commercial speech (intended to make money for company) a. If advertising is misleading gov. can regulate it b. For truthful advertising….1) gov. has to prove interest 2) the restriction advances the interest 3) the gov. restriction is not excessive; ex. (Rhode Island liquor case) 2) Political speech a. Before gov. can restrict it has to have compelling gov. interest (ex. Bill interest case pg. 99) b. Reasonable restriction on time/place/manner Search and seizure-gov. official must present evidence to get permission and get a warrant -if gov. does not get a warrant then the evidence may not be used in court Exceptions: Gov. Officials can conduct search w/o warrant (Burger case; done under state law that it didn’t require a search warrant b/c auto. Junkyards are a closely regulated industry); Pharmacies are another closely regulated industry b/c they sell narcotics; same w/ hospitals, bars, restaurants, firearms dealers and businesses that sell food
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Exam #2 - Exam #2 March 10, 2008 33 MC Chapter 4 (9 Q 27%)...

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