Bmgt380

1. Americans with a Better Cause (ABC), a nonprofit organization, files a suit against the US Department of Justice (DOJ), claiming that a certain federal statute the DOJ is empowered to enforce conflicts with the U.S. Constitution and with a state constitution. In each situation, which source of law has priority?

The United State Constitution will hold the highest priority of any law regardless of source. If there is any conflict in federal law with the United States Constitution, then the Constitution will take precedence. If a state statue doesn’t conflict or violates the U.S. Constitution of federal law then it takes priority within the state’s borders.

2. Jen operates Jen's Fruits and Vegetables, a small market stocked entirely with produce grown on her adjacent farm. Under what clause of the Constitution can the federal government regulate Jen's activities? What is Jen's best argument against federal regulation of her farm and business?

Since Jen genuinely operates her business local without usage of interstate highway or distribute her produces in interstate commerce, therefore, Jen is not abided to federal law but is subject to state law. Several states are granted by the U.S. Constitution to have the authority to regulate business within the state.

3. Old Oak Brewery, Inc., makes and sells alcoholic beverages with labels that display a drawing of a squirrel making the gesture generally known as "giving the finger." Old Oak applies to the Ohio State Liquor Authority (OSLA) for brand-label approval to sell the beer in Ohio. Without considering alternatives, OSLA denies approval because "the label could appear in grocery stores, with obvious exposure on the shelf to children of tender age." Why would a court hold that the denial of Old Oak's application violates the First Amendment?

The denial from OSLA would likely based on the inappropriate label that have exposure of vulgarity that is not fit for minors. OSLA doesn’t consider alternative to...