Question
I. Billy Bob Reddnec decides to escape the oppressive heat of southern Alabama and moves west to La Grande, Oregon. After settling in, Billy Bob
I. Billy Bob Reddnec decides to escape the oppressive heat of southern Alabama and moves west to La Grande, Oregon. After settling in, Billy Bob purchases the Long Branch cafe and extensively remodels the cafe. At the grand opening of his business, Billy Bob posts a sign in the front window that states "I reserve the right to refuse service to anyone. No Blacks or Hispanics allowed". Pedro Rodriguez enters the cafe and Billy Bob refuses to serve him because he is Hispanic. 1. Pedro sues Billy Bob claiming that Billy Bob has violated his 14th Amendment guarantee of equal protection under the law. How should the court rule in this case and why? Frustrated by discrimination against minorities in restaurants, the U.S. Congress decides to pass a federal statute that prohibits Billy Bob from refusing to serve Blacks and Hispanics. 2. Under the principle of federalism, Congress can only create a law based on the powers granted to the federal government in Article 1 Section 8 of the U.S. Constitution. On what constitutional grant of authority (delegated power) can Congress base the statute? 3. After the federal statute is enacted, which branch of the federal government would be responsible for enforcing the antidiscrimination law? II. After extensive research concludes that the chemical process used to recycle plastics significantly increases the likelihood of testicular cancer, the state of California passes a law that restricts men from working in the plastic recycling industry. Eddie Tufnutt has been working at a plastic recycling plant for four years, and he will qualify for the company's health and retirement plan in another year. Since females can still work in the plastic recycling industry, Eddie challenges the California statute claiming that it violates his 14 Amendment right to equal protection under the law. 4. What test should the court apply to determine if the California statute is constitutional? Why would this test be applied? Explain your answer. III. Scientific studies conclude that shipping coal in open rail containers significantly increases the likelihood of lung cancer in communities with railroads running through them. In response to these studies, the state of Oregon passes a law that requires coal shipped on railroads through Oregon must be shipped in enclosed containers. Railroad companies challenged the state law claiming it violates the Interstate Commerce Clause, a clause in the U.S. Constitution that gives the federal government the authority to regulate interstate commerce. 5. What test would a court apply to determine if the law is constitutional? Apply each element of the test to determine if, in your opinion, the state law will be found to interfere with the federal government's authority to regulate interstate commerce. IV. The Salt Lake City school board establishes a policy that prohibits energy drink advertisements within all school district buildings and on all school district websites. The Energy Drink Producers board challenges the school district policy in court arguing that the policy interferes with the Energy Drink producers and distributors First Amendment right to free speech. 6. Does the First Amendment restrict the SLC school districts ability to regulate speech? Is advertising considered a form of speech protected by the First Amendment? What test should the court apply to determine if the SLC school district policies violate the First Amendment?
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