Fluent Essays

Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding.Also, provide a graduate-level response to each of the following questions:Explain the difference in procedural due process and substantive due process, providing examples of each.Beets R Us, LLC is a medium-sized farm in Iowa that grows beets that are only sold in Iowa. It does not export its beets outside of Iowa, though sometimes customers from out of state buy its beets while visiting Iowa. Is Beets R Us, LLC’s business practices subject to federal jurisdiction under Article I, Section 8 of the United States Constitution? Why or why not?[Your initial post should be based upon the assigned reading for the week, so the textbook should be a source listed in your reference section and cited within the body of the text. Other sources are not required but feel free to use them if they aid in your discussion]. [Your initial post should be at least 450+ words and in APA format (including Times New Roman with font size 12 and double spaced). Post the actual body of your paper in the discussion thread then attach a Word version of the paper for APA reviewtextbook: Jennings, M. (2018). Business: Its legal, ethical, and global environment (11th Edition). Cengage Learning, Boston, MA. chapter_5_business_and_the_constitution.pptx Unformatted Attachment Preview Marianne M. Jennings BUSINESS Its Legal, Ethical, and Global Environment 11th Ed. Chapter 5 Business and the Constitution ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. The U.S. Constitution • Article I: Legislative Branch – Congress • House of Representatives • Senate • Article II: Executive Branch – President – Vice President • Article III: Judicial Branch – Creates U.S. Supreme Court – Authorizes Congress to create other courts ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-1 The U.S. Constitution • Creates a System of Checks and Balances – Each branch has some power check over the others to keep any one from becoming too powerful – Examples • Nixon v. Administrator of General Services • Clinton v. Jones • Obama v. Alito ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-2 The U.S. Constitution • Other Articles in the Constitution – Article IV: State Interrelationships – Article V: Procedures for Amendments – Article VI: Supremacy Clause – Article VII: State Ratification of the Constitution ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-3 The U.S. Constitution • Bill of Rights – First: Freedom of speech – Fourth: Privacy – Fifth: Due process and selfincrimination – Sixth: Jury trial • Other Amendments – Fourteenth Amendment: Due Process and Equal Protection ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-4 Role of Judicial Review • Determines the Rights Afforded by the U.S. Constitution • Determines the Scope of Rights • Plays Unique Role in Checks and Balances – Determines the appropriateness of the actions of other branches ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-5 Limits of Economic Regulation • The Commerce Clause: Article I, Section 8 – Standards for Federal Regulation of Interstate Commerce – Historical application • Initially, Court gave a narrow interpretation • Court held New Deal Legislation unconstitutional • Roosevelt proposed Court-Packing Plan • After these political battles, the court responded in NLRB v. Laughlin Steel with the affectation doctrine ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-6 Limits of Economic Regulation A. Economic Activity is an Economic Setting e.g., Price Fixing by Multinationals C. Non-Economic Activity in an Economic Setting e.g., Race Discrimination by a Hotel ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. B. Economic Activity in a Non-Economic Setting e.g., Loan Sharking on the Street Corner D. Non-Economic Activity in a NonEconomic Setting e.g., VAWA and Morrison? 5-7 Table One – Part A A. COMPARISON OF CONGRESSIONAL JURISDICTION FACTORS CHILD LABOR 1. AWFUL; HORRIBLE 2. PERVASIVE 3. INSUFFICIENT STATE ACTION 4. BUSINESSES WERE DOING IT ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. WOMEN AND VIOLENCE 1. AWFUL; HORRIBLE 2. PERVASIVE 3. INSUFFICIENT STATE ACTION 4. MEN ARE DOING IT 5-8 Table One – Part B B. CIVIL RIGHTS (LACK THEREOF) CHILD LABOR GUNS IN SCHOOLS 1. DISPARATE 2. UNSAFE–VIOLENCE 3. INSUFFICIENT STATE ACTION 4. BUSINESSES WERE DOING IT 1. VIOLENCE IS AWFUL 2. UNSAFE–VIOLENCE 3. INSUFFICIENT STATE ACTION 4. HIGH SCHOOL STUDENTS DOING IT ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-9 Table Two The Factors of Wickard v. Filburn Local Farmers Individuals, But Still in Business Local Commerce Affects Prices in National Market National Economic Interest in Farm Products/Pricing Combining Wickard with the decisions in Lopez and Morrison, we are able to develop a clear matrix on the Commerce Clause as depicted by Response to Razook Figure One and the specific examples listed in Razook Figure Two. In the Lopez case, the court held that the act of having a gun on school property had no economic/commerce base and that federal laws could not regulate local school. ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-10 Response to Razook Figure One Jennings Figure R-1 Examples of Congressional Authority/Non-Authority After Morrison and Lopez Congress May Regulate Regulated conduct is economic (commercial character) Congress May Not Regulate Regulated conduct is non-economic ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. Regulated conduct is performed by an (commercial character to actor) Regulated conduct is not performed by an economic entity (non-commercial character) Congress may regulate Congress may not regulate Congress may regulate 5-11 Table Three Application of the Economic/Non-Economic Actor/ Activity Test to Specific Regulations Gun Possession Gun possessor (actor) – non-commercial, Congress may not regulate Act of gun possession – non-commercial, Congress may not regulate Violence Against Women Abuser (actor) – non-commercial, Congress may not regulate Act of abusing – non-commercial, Congress may not regulate Farm Regulation (Wickard v. Filburn) Farmer (actor) – commercial (livelihood), Congress may regulate Act of selling – commercial, Congress may regulate ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-12 Table Three (cont’d) Title VII Civil Rights Discrimination Hotel/Restaurant Owner (actor) – commercial, Congress may regulate Act of discrimination – non-commercial, Congress may regulate Labor/Unions/OSHA Actors are business – commercial, Congress may regulate Or Unions Engaged in Business – commercial, Congress may regulate Act of Work/Employment – commercial, Congress may regulate Lending (loan sharking) Actors are loan sharks – commercial, Congress may regulate (Facilities are not great, but they are a source of loans) Act of lending – commercial, Congress may regulate ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-13 Limits of Economic Regulation • Case 5.1 National Federation of Independent Business v. Sebelius (2012) – The court found that the individual mandate violated the Commerce Clause – Court upheld the law on other grounds ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-14 Limits of Economic Regulation • The Commerce Clause: Article I, Section 8 – Standards for state regulation of commerce • If Congress has regulated, there is an overriding concern about the Supremacy Clause • If Congress has not acted, there is a benefit/burden analysis • Balance police power (state’s interest in regulation) with the burden on commerce • State law cannot give in-state businesses an advantage ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-15 Limits of Economic Regulation • Case 5.2 Rowe v. New Hampshire Motor Transport Association (2008) ₋ Maine passed a law that prohibited anyone other than a Maine-licensed retailer from accepting an order of tobacco ₋ The law required a special receipt, signed by someone over the age of 18 that showed a Maine-licensed dealer had received the tobacco ₋ Out-of-state shippers and tobacco sellers challenged the Maine law as favoring Maine sellers ₋ Court grapples with the purpose of the law and the burden on commerce ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-16 Limits of Economic Regulation • Congressional Regulation of Foreign Commerce – The power of Congress to regulate foreign commerce applies regardless of where it begins and ends ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-17 Taxation of Business • Congress’ Power to Tax – Article I, Section 8: The Ability of Congress to Tax Has Been Consistently Upheld • State and Local Taxation of Interstate Commerce – Interstate business is not exempt from state and local taxes just because they are interstate businesses ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-18 Taxation of Business • Requirements for Valid State Tax – Tax cannot discriminate against interstate commerce – Tax cannot be an undue burden on interstate commerce ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-19 Taxation of Business • Requirements for Valid State Tax – Must be a “sufficient nexus” between the state and the business being taxed • Examples: Does business there, holds property titles there, manufactures there, inventory stored there – Must be apportioned fairly • Example: A corporation doing business in fifty states cannot have all income taxed in all fifty states – must be apportioned according to its revenues in the states ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-20 Taxation of Business • Case 5.3 New Mexico Taxation & Revenue Department v. BarnesandNoble.com LLC (2012) – Explain Barnes and Noble’s operations – Is there a physical presence sufficient for taxation? ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-21 The “Jock Tax” • Discuss the allocation of athletes’ income tax among cities and states and the formulas used. • What constitutional issues do you see? ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-22 State vs. Federal Regulation • The Supremacy Clause and Preemption – Article VI exists to determine which laws control in the event both state and federal governments regulate the same thing – If state law directly conflicts with federal law, state law is invalid ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-23 State vs. Federal Regulation • The Supremacy Clause and Preemption – Whether there is preemption is controlled by answering several questions: • What does legislative history provide? • What is the level of detail in the federal regulation? • What benefit flows from the federal regulation? • What is the nature of conflict − can the two laws survive? ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-24 State vs. Federal Regulation • Case 5.4 Mutual Pharmaceutical Co., Inc. v. Bartlett (2013) – Federal law regulates labels for prescription drugs – State law provides product liability rights of recovery for failure to warn – Federal law does not allow generic producers to change label by manufacturer, so they cannot include additional disclosures – State law was pre-empted by federal regulation – no product liability ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-25 Bill of Rights • First Amendment – Provides some protection for commercial speech • Commercial speech is speech used to further the economic interests of the speaker – Advertising and commercial speech protection • Can regulate advertising • Substantial government interest must be furthered • Is the regulation the least restrictive means of accomplishing the interest ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-26 Bill of Rights First Amendment Protections and Business Speech First Amendment Full Protection Business Political Speech Speech on Social Issues and Business: Nike, Professions ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. Governmental Regulation of Commercial Speech Business Advertising 5-27 Bill of Rights • First Amendment – Commercial Speech Protections • Government regulation of commercial speech is permitted • Three-prong test: – Is there a substantial government interest in restricting speech? – Does the restriction accomplish the government goal? – Is there any other way to accomplish the government’s objectives? – Evolving area: Company political speech – Nike example ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted to a publicly accessible website, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website or school-approved learning management system for classroom use. 5-28 Bill of Rights • First Amendment – Corporate political speech • Corporate participation in campaigns is given full First Amendment protection • Nike case was never fully litigated to determine whether advertising regulation could be applied to, for example, letters to the editor or columns by corporate executives about controversial issues that affect the company, such as Nike’s labor practices in other countries ©2017 Cengage Learning®. May not be scanned, copied or duplicated or posted t ... Purchase answer to see full attachment