Business Law

BL-3335
Business Law
Discussion Questions
Assignment 2

1. In your view, does the commerce clause give Congress authority to regulate intrastate commerce (including local or regional activities) that may have a substantial effect on interstate commerce?

2. What is your understanding of federalism (aka dual sovereignty and a recent example of issues related to this doctrine?

3. If Congress and state legislatures have concurrent jurisdiction to legislate on a particular legal issue and pass conflicting legislation, how might this affect the enforceability of the state legislation?

4. Concerning the recent commerce clause case discussed in the posted WSJ op/ed “sobriety” article:
a. What commerce clause issue does the case address?
b. Do you recognize any other constitutional issue(s) raised by the case?

5. Concerning government agencies generally:
a. What is your understanding of the delegation and the exhaustion doctrines respectively?
b. Under what circumstances are closed meetings permitted under the Sunshine Act?
c. How do agencies circumvent notice and comment requirements related to rulemaking?

6. Which of the following are examples of speech that receive First Amendment protection?
a. Corporate political.
b. Defamatory.
c. Disparaging.
d Scandalous, immoral and vulgar
e. Obscene

7. What does procedural due process generally require?

8. Concerning government agencies generally.
a. What is your understanding of the delegation doctrine and the exhaustion doctrine respectively in the context of administrative law?
b. What must an agency provide before promulgating or changing a regulation?
c. What is the standard applied by courts in setting aside an agency action?
d. Under what circumstances are closed meetings permitted under the Sunshine Act?
e. What reason, if any does a person generally need to provide to obtain government records?