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Business & Marketing
Critical Legal Thinking What is the Supremacy Clause (Essay Sample)
See attachments for assignments and chapters: Please read Chapter 4 and then read and respond to the following case problems: 1. Case 4.3 on page 69. 2. Case 4.7 on page 70. Respond in at least one paragraph, using your readings for support. 4.3 Undue Burden on Interstate Commerce Most trucking firms, including Consolidated Freightways Corporation, use 65-foot-long “double” trailer trucks to ship commodities on the highway system across the United States. Almost all states permit these vehicles on their highways. The federal government does not regulate the length of trucks that can use the nation's highways. The state of Iowa enacted a statute that restricted the length of trucks that could use highways in the state to 55 feet. This meant that if Consolidated wanted to move goods through Iowa, it needed to either use smaller trucks or detach the double trailers and shuttle them through the state separately. Its only other alternative was to divert its 65-foot doubles around Iowa. Consolidated filed suit against Iowa, alleging that the state statute was unconstitutional. Is it? Kassel v. Consolidated Freightways Corporation, 450 U.S. 662, 101 S.Ct. 1309, 67 L.Ed.2d 580, Web 1981 U.S. Lexis 17 (Supreme Court of the United states) (Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, 7th Edition 4.9 Business Ethics Congress enacted the Flag Protection Act, which made it a crime to knowingly mutilate, deface, physically defile, burn, or trample the U.S. flag. The law pro- vided for fines and up to one year in prison upon conviction [18 U.S.C. Section 700]. Certain individuals set fire to several U.S. flags on the steps of the U.S. Capitol in Washington, DC, to protest various aspects of the federal government's foreign and domestic policy. In a separate incident, other indi- viduals set fire to a U.S. flag to protest the act's passage. All these individuals were prosecuted for violating the act. The U.S. District Courts held the act unconstitutional, in viola- tion of the defendants' First Amendment free speech rights, and dismissed the charges. The government appealed to the U.S. Supreme Court, which consolidated the two cases. Who wins? Does a flag burner exhibit moral behavior? United States v. Eichman, 496 U.S. 310, 110 S.Ct. 2404, 110 L.Ed.2d 287, Web 1990 U.S. Lexis 3087 (Supreme Court of the United states) (Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, 7th Edition. Please read pages 678-686 of Chapter 43 and then read and respond to the following case problem: 1. Case 43.4 on page 690. Respond in at least one paragraph, using your readings for support. source..
(31 January 2011)
Critical Legal Thinking What is the Supremacy Clause? Explain.
The supremacy clause is just a clause in the constitution of the United State. This is the clause that asserts and establishes the constitution and the federal laws that are made in pursuance of the constitution, as well as treaties made by the U.S with foreign states as the supreme law on the land. It sets up these as the highest form of law in the legal system of America; both in Federal courts as well as the state courts, obligating that, all judges of the state uphold them, even when their state constitution conflicts with powers of the federal government, (Office of the Secretary of the Senate & Johnny, 1787).
Business Ethics Why do you think the state of Maine passed these laws?
Ethically, the Maine state passed these laws that regulated the trucking industry to regulate the supply and sale of drugs Tobacco drugs. The state was trying to limit the number of individuals who have direct access to tobacco. In one way or the other, these regulations promoted public health, morals and general welfare. If the number of suppliers and retailers are restricted, the number of consumers will reduce, or the consumption rate will reduce as it will not be accessible to many, especially under aged.
Contemporary Business What would be the conse- quences if there were no Supremacy Clause in the U.S. Constitution? Explain.
In the absence of Supremacy Clause in the U.S, would have led to...
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