Chapter 4 posting - CHAPTER 4 The Constitution Focus on...

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CHAPTER 4 The Constitution: Focus on Application to Business For specific reference to Constitutional language, look at Appendix C in your text, beginning at page 630. I. The Commerce Clause A. Location and language B. The Necessary and Proper Clause 1. Location and language 2. McCulloch a. scope of clause b. federal supremacy C. Commerce among the several states 1. Gibbons 2. Wickard 3. Katzenbach 4. State law and interstate commerce a. national interests vs. state interests b. Hughes c. Imitation of federal regulations II. The Taxing Power A. Location and language B. Federal taxation C. State taxation and interstate commerce 1. Caselaw review 2. N.C. caselaw 3. Goldberg – four factor test D. State taxation and international commerce III. Business and Free Speech (The First Amendment) A. Location and language B. The right to free speech is not absolute. C. Business and political speech 1. Con. Edison – three part test for regulating businesses’ political speech 2. Austin – legitimate restriction
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Chapter 4 posting - CHAPTER 4 The Constitution Focus on...

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