A package delivery service that operates throughout the United States is based in a southwestern state. The company specializes in transporting packages to airports, where air freight companies or commercial airlines transport the packages to their cities of destination. However, the company’s entire fleet of trucks operate only in the state in which it is based. The company purchased the trucks from dealers within the state. The company’s drivers pick up packages from shippers within the state and the packages are then delivered to an airport located in the state, where employees of the airlines load the packages onto their planes. Each shipper is charged a service fee by the company. The state wishes to impose a 5% transaction tax on each of the fees collected by the company for the services that the company renders in the state. Would the federal courts probably rule that such a tax is constitutional?
Author: Anonymous
Thomas Quill calls the White House switchboard and threatens…
Thomas Quill calls the White House switchboard and threatens to kill the President of the United States. After an investigation by the Secret Service, Quill is charged with and convicted of violating 18 U.S.C. § 871(a), which prohibits “knowingly and willfully . . . mak[ing] [a] threat against the President . . . .” Facing a fine and up to five years’ imprisonment, Quill appeals his conviction, claiming that Congress lacks the authority to criminalize threats against the President. Having read the Court’s disposition of Robin Weathers’s case, Quill points out that there is no power in Article I, § 8 to which criminalizing threats to the life of the President could be considered “necessary and proper.” How should a reviewing court rule?
Eager to accommodate CarCo, a large employer that plans to b…
Eager to accommodate CarCo, a large employer that plans to build an enormous assembly plant, Motor City condemns an entire neighborhood, displacing its residents, and turns the property over to CarCo to build its facility. In its decision to condemn the neighborhood, Motor City found that it is “blighted” and that redevelopment will bring jobs and other economic benefits—not only to the soon-to-be former residents of the neighborhood, but to all residents of Motor City. David, a resident, sues to stop the condemnation, claiming that it is not for public use. After Kelo, a federal district court would likely:
The federal Food and Drug Administration (FDA) has promulgat…
The federal Food and Drug Administration (FDA) has promulgated a regulation that bans the sales of vapor products and e-cigarettes within 1,000 feet of a school, and “any other location where minors under the age of 18 years traditionally gather.” The purpose of the regulation is to discourage school-age children from smoking. The affected retailers located within 1,000 feet of a school, and “any other location where minors under the age of 18 years traditionally gather” have joined together to oppose the regulation since they are no longer able to sell vapor products or e-cigarettes. The regulation has already gone into effect. The retailers want to file a complaint for injunctive relief against the FDA in federal district court. What arguments could the retailers reasonably make in their complaint? Consider all forms of justiciability. Discuss.
You will be given a quiz over the lectures at the beginning…
You will be given a quiz over the lectures at the beginning of each lab meeting (with the exception of test weeks).
Why is it important to confirm or revise your predictions af…
Why is it important to confirm or revise your predictions after you finish reading a nonfiction text?
You are reading a science article about the Arctic and you e…
You are reading a science article about the Arctic and you encounter the word ‘permafrost.’ You don’t know the word, but the paragraph mentions ‘frozen ground that is melting.’ What can you predict ‘permafrost’ means?
What is the primary purpose of making a prediction before an…
What is the primary purpose of making a prediction before and during reading a nonfiction text?
Which of the following would be the most reliable source for…
Which of the following would be the most reliable source for making a prediction about a nonfiction article?
The most extensively used form of correctional control in th…
The most extensively used form of correctional control in this country is: