MGMT520 Week 2 Discussion 1 Sources of Law and Constitutionality

Question: #9366

MGMT520 Week 2 Discussion 1 Sources of Law and Constitutionality Chapter 5, Problems 7 and 4 (graded) Please study the problem found in e-book Chapter 5, problem 7, and answer the following questions: On appeal to the U.S. Supreme Court, 1. Can the statute survive a constitutional challenge? 2. Is there a rational basis for the statute? 3. What effect does the evidence to the contrary have on the statute's constitutionality? We will also read and discuss Chapter 5 problem 4 in this thread, the Pike v. Bruce Church case. Note that this case is available online, but heads-up! The U.S. Supreme Court has overturned a significant part of it. We will talk about this and judicial review during the week as well. Much to do! Week 2 - Discussion 1 - Sources of Law and Constitutionality Class: We are working together this week to understand how constitutional protections protect businesses from over-reaching by administrative regulations and statutes. Remember, there are state laws and administrative agencies, and there are federal laws and administrative agencies. They are not one in the same. Furthermore, there are state constitutions and there is the federal Constitution. At times it can be difficult to determine which law applies and in some cases both state and federal law may apply. As background, click here for a diagram of how the U. S. federal court system is set up: http://www.uscourts.gov/courtlinks/ Click here for a diagram of how each state's court system is set up: http://www.ncsconline.org/D_Research/Ct_Struct/Index.html We will be considering the Clover Leaf and Pike cases this week. I also encourage you to check out Problem 8 in Chapter 5 involving an Iowa statute, the Kassel case. Let's assume that the statute proposed by Iowa directly conflicts with a federal statute. Which one would be considered superior and where would the authority come from to support your answer? As you answer this question, consider what standard the U. S. Supreme Court applies when considering the constitutionality of a statute. Why do you think our founding fathers put the Supremacy Clause into place? What is its benefit to citizens? If we look at the Loving v. Virginia case as precedent (http://www.oyez.org/cases/1960-1969/1966/1966_395), how do you all think the issue will be decided? Technically, the DOMA Act would prevail under the Supremacy Clause. However, in Loving there was no federal law at the time, and the Court looked at other constitutional issues involved. If we consider the same sex marriage issue, what are the possible constitutional challenges? Equal Protection? Supremacy? Full Faith and Credit? We are looking at recent cases involving the Commerce Clause, but how far does the federal government's interstate commerce power extend? Check out this historical case--right or wrong decision and why? http://www.oyez.org/cases/1940-1949/1942/1942_59 1. Can the statute survive a constitutional challenge? 2. Is there a rational basis for the statute? 3. What effect does the evidence to the contrary have on the statute's constitutionality?

Solution: #9403

MGMT520 Week 2 Discussion 1 Sources of Law and Constitutionality

A+ Please look at the attach...