Explain how the Commerce Clause is the basis for the federal government’s authority to enact some criminal laws. Discuss a Supreme Court case that addressed the federal government’s powers under the Commerce Clause to make a particular action a federal offense.
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Explain how the Commerce Clause is the basis for the federal government’s authority to enact some criminal laws. Discuss a Supreme Court case that addressed the federal government’s powers under the Commerce Clause to make a particular action a federal offense.
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- JimmyCorps places several Facebook ads claiming that his magic tonic protects consumers from coronavirus. Harvey places an order for 50 gallons of the magic tonic to protect himself and his family. Meanwhile, the New York Attorney General commences prosecution of JimmyCorps for fraud—his magic tonic is simply a gallon of bleach, and consumers who have purchased it have become gravely ill or died. Still, JimmyCorps sues Harvey when Harvey refuses to pay for the 50 gallons of tonic he ordered. Can a judge force Harvey to pay JimmyCorps? Why or why not? Note:- Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism. Answer completely. You will get up vote for sure.The State of Florida has passed a statute nullifying any marriage that has previously been recognized, as well as outlawing any future marriages, for anyone who did not attend college. The statute gives no notice to any married couple and gives them no ability to challenge the statue. This statute has been challenged as unconstitutional by a group of married individuals as well as marriage equality groups. The groups have filed a Writ of Certiorari with the Supreme Court of the United States, which was granted. You are a law clerk for one of the nine Supreme Court Justices. Your task is to outline what arguments might be filed in a brief filed by both sides of this issue, so your Justice will be prepared for the arguments made by either side. Please include arguments for those supporting and those opposing the law. These arguments should focus on: 1. The Equal Protection clause and the Due Process Clause (what analysis will a court perform to decide if there is a violation of these…The state of Alabama enacted a statute that imposed a tax on premiums earned by insurance companies. The statute imposed a 1 percent tax on domestic insurance companies (i.e., insurance companies that were incorporated in Alabama and had their principal office in the state). The statute imposed a 4 percent tax on the premiums earned by out-of-state insurance companies that sold insurance in Alabama. Out-of-state insurance companies could reduce the premium tax by 1 percent by investing at least 10 percent of their assets in Alabama. Domestic insurance companies did not have to invest any of their assets in Alabama. Metropolitan Life Insurance Company, an out-of-state insurance company, sued the state of Alabama, alleging that the Alabama statute violated the Equal Protection Clause of the U.S. Constitution. Who wins and why? Explain your answer.
- Assume that there are two conflicting statutes. One of the statutes is a state statute published in 1970, and the other statute is a federal statute published in 1995. Each of these two statutes is about interstate commerce. Which statute would prevail? O It depends on the jurisdiction. O The state statute, because interstate commerce is a state issue. O The federal statute, because it is newer. O The federal statute, because of the supremacy clause. O The state statute, because of the division of federalism.Moises and Rutledge are discussing their views on the law. Moises believes that people should give up some of their rights to the government, but they should be able to retain other inalienable rights. Rutledge believes that the law is a rule of civil conduct prescribed by the supreme power in a state which commands what is right and prohibits what is wrong. Kilroy overhears their conversation and jumps in with his own belief, saying that the law is a social construct that should provide stability. order, and security. He also said that he believes people should relinquish all of their rights to the state. Which philosophers would agree with Moises, Rutledge, and Kilroy, respectively? O Montesquieu, Hobbes, Locke O Blackstone, Hobbes, Montesquieu O Locke, Blackstone, Hobbes O Montesquieu, Blackstone, Hobbes O Locke, Montesquieu, BlackstoneFollowing the Supreme Court’s reversal of Roe, what rights do women have under theU.S. Constitution to determine whether to terminate their pregnancy? Explain your answerin detail
- While tax-exempt entities are indeed generally exempt from paying Federal income tax, they must operate in ways that guarantee that they remain in compliance with tax laws governing their tax-exempt status. List and explain steps tax-exempt entities must take to protect their tax-exempt status.Assume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.Sungsam, Inc., a Taiwanese company, and nineteen other Asian companies (the Companies) collaborated to manufacture and sell transistors internationally. These transistors were used in a multitude of consumer goods, millions of which were sold in the United States, including Georgia. The state of Georgia sued the Companies in Georgia, alleging violating consumer protection laws. The Companies filed a motion to dismiss for lack of personal jurisdiction. In response, Plaintiff alleged that the Companies sold the transistors into international streams of commerce with the intent that they would be incorporated into millions of consumer products sold in the United States, including Georgia. Should the Companies motion be granted? © a. No because the Companies did not sell any products directly to Georgia consumers and did not conduct any business in Georgia. b. Yes because a foreign manufacturer’s placement of goods into the stream of commerce of the state of Georgia, with…
- Suture Express was a new upstart specializing in the medical supply network by selling only sutures. Owens & Minor was a medical supply distributor that carried all types of medical supplies, including sutures. Owens & Minor began bundling provisions that required its customers to pay a premium for all medical products unless the customer agreed to purchase its sutures. Suture Express brought suit alleging a loss to Owens & Minor through anticompetitive practices. Is this a tying situation that violates federal antitrust laws? Why or why not?The Case of Baylor University Patty Crawford, the Title IX coordinator at Baylor from November 2014 to October 2016, was hired to coordinate the institution’s Title IX compliance when this case took place (Baylor University, n.d.). Like all Title IX coordinators, Crawford’s role was a comprehensive administrative role that bears the responsibility of ensuring that campuses prevent and respond to gender discrimination, including sexual misconduct. This role spans duties related to grievance process management, victim assistance, organization management, and climate management (Lake, 2017). In addition to managing the institution’s compliance, Title IX coordinators also craft comprehensive training and awareness strategies to ensure students, employees, and other campus stakeholders are aware of how to identify and report sexual misconduct and what resources are available to students regardless of whether they choose to proceed with the grievance process. Crawford alleged that she was…Give an example of a statute at the Federal Level and at the State Level. Give an example of an Administrative Agency at the Federal level. Please list the 3 equitable remedies available to someone in a lawsuit.