CHAPTER 4The Constitution: Focus on Application to BusinessFor specific reference to Constitutional language, look at Appendix C in your text,beginning at page 642.I. The Commerce ClauseA. Location and languageB. The Necessary and Proper Clause1. Location and language2. McCullocha. scope of clauseb. federal supremacyC. Commerce among the several states1. Wickard2. Katzenbach3. State law and interstate commercea. national interests vs. state interestsb. NC wine law case (Beskind)c. HughesII. The Taxing PowerA. Location and languageB. Federal taxationC. State taxation and interstate commerce1. Caselaw review2. N.C. caselaw3. Goldberg – four factor testD. State taxation and international commerceE. State taxation and Internet retailersIII. Business and Free Speech (The First Amendment)A. Location and languageB. The right to free speech is not absolute.C. Business and political speech1. Con. Edison – three part test for regulating businesses’ political speechD. Business and commercial speech1. Origins of commercial speech doctrine2. Central Hudson Gas – four part test3. Advertising for professional servicesIV. Businesses and the Fourth AmendmentA. Language B. Warrant requirement and probable causeC. Limits on search and inspection1. General rule regarding warrantless searches and businesses2. Closely regulated industryD. Gathering evidence and the exclusionary ruleV. Businesses and the Fifth AmendmentA. Protection against self-incriminationB. Protection against self-incrimination applies to persons, but not to corporationsC. Just Compensation Clause (Eminent Domain)1. Review of eminent domain 2. Regulatory takings and KeloVI. Businesses and the Sixth, Seventh, and Eighth AmendmentsA. The right to a jury trial – Sixth Amendment and Seventh AmendmentB. Excessive Fines – Eighth Amendment1. application in punitive damages context - factors2. application in government confiscation context3. BajakajianVII. The Fourteenth AmendmentA. Original purposeB. Two key provisionsC. Due Process Clause1. Fresenius Medical Care Holdingsa. rational relationship to legitimate government interest b. strict scrutiny (if a fundamental constitutional liberty is at stake)2. Questions asked by the courta. liberty interests – other contracts prevented? name besmirched?b. property interests – awarded, then deprived? Abuse of discretion?D. Equal Protection Clause1. Meaning2. Race-based discrimination by the government3. Sex-based discrimination by the government4. The “class of one” theory of equal protection - Reget5. Corey Airport
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