Quiz 2: Constitutional Law for Business and E-Commerce

Business

Case synopsis: This case gives a brief description about supremacy clause and its application. The country MM became accused region of major civil rights violation, including torturing political opponents, repressing ethnic minorities, and child labor. It has received great attention from worldwide organizations. As a result, legislators of MS State enacted a statute that banned all the government purchases and services from companies those deal business with MM Country. Meanwhile, US Congress also enacted a federal statute regarding regulate business, economic sanction, and multi-strategy to bring democracy towards MM Country. National Foreign Trade Council filed a lawsuit against MS State for declare state statute unconstitutional. The reason is state statute have conflict with the federal statute and hence federal statute can only be enforced upon the supremacy clause. Violation of supremacy clause by state anti-MM Country statute: The law enforced by two authorities in US may be different in certain circumstances. In such circumstances, Article VI of the US Constitution declares that federal laws have jurisdictional power over state laws when a conflict of laws arise between two established governing bodies. In the case of federal statute and statute of MS State, the foreign commerce is the power of federal government and it comes under the foreign commerce clause of the federal constitution. The enforcement of a state statute into foreign affairs is unconstitutional infringement into the power of federal law. Hence, this statute violates foreign commerce clause of the US and preempted as per the federal Act. It means the state statute violates the supremacy clause of the US Constitution.

Establishment Clause says that the government entity cannot interfere in the private or public religious matter; they cannot elevate one religion over another. However, government has authority to make changes by observing a religious practice in order to achieve the free exercise clause. Facts: The courthouse of country M and P has gold-framed copies of its ten commandments so that visitors are able to see them. The ALCU (American liberty civil union) cited a case against the courthouse of both the countries on the grounds that both the countries violated the establishment clause of US constitution. Outcome: The Ten Commandments are related to the worship and ethics, it contains the biblical principles that are play a vital role in Christianity and Judaism. They are also known as the Decalogue, and it is interpreted differently in different religion. The placement of the Ten Commandments separate from the paintings in the courtroom of US seems like the government authority favors it more. The establishment clause clearly states that any one region cannot be elated over other. Hence, the placement of the Ten Commandments is a violation of the establishment Clause.

The supremacy clause of the US constitution states that the treaties made by the federal law constitute the supreme law. In other words, state law cannot overrule the federal law, if there is a conflict between state and federal law, the federal law will be applied in that case. Facts: A federal statute has established standards regarding national air pollution for vehicles such as taxicabs, trucks, and buses. SC management district is a political entity of the state of C. It has established standards for air pollution for the state L, C and other metropolitan areas. The vehicles that do not meet the standard of SC are not purchased or leased by private or public fleet operators. Outcome: In the given case, both federal and the state have made standards for the air pollution. Since there is a supremacy clause in the constitution of US which clearly states that in the conflict between the federal and the state law, federal law will prevail. Hence, federal clean air act will prevent the SC rule. And the rules of SC will be preempted by the federal act.

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