BMGT380 - Chapter 3 QUESTIONS AND ANSWERS GRADED A+
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Course
BMGT380
Institution
BMGT380
First amendment rights for businesses - ️️The same basic first amendment rights
that individuals do, so noncommercial speech gets the same protections.
Complications begin with advertising. If the advertising is misleading, there is no
protection and it can be banned by the federal governmen...
BMGT380 - Chapter 3
First amendment rights for businesses - ✔️✔️The same basic first amendment rights
that individuals do, so noncommercial speech gets the same protections.
Complications begin with advertising. If the advertising is misleading, there is no
protection and it can be banned by the federal government. Decided by the FTC. If it
deals with unlawful activity, it gets no protections either.
If it isn't either, can the Government still regulate it? Yes, three part test (must prove all
3)
1. The Government has a substantial interest in restricting advertising.
2. Restriction directly advances the government interests.
3. Restriction isn't much more extensive than necessary.
Affordable Care Act - ✔️✔️An expansion of medicaid, most of employers must provide
health insurance, have insurance or face surtax, prevents rejection based on pre-
existing condition. Also referred to as "Obamacare", signed into law in 2010.
3 court cases on the matter.
2nd - Law unconstitutional as it doesn't affect interstate commerce. 5 justices agreed
with the argument, and held that it doesn't affect interstate commerce, and can't pass
under the commerce clause. But, the swing vote was Justice Roberts; he said that the
law is constitutional under Congress' allowance to tax as it created a penalty if one
didn't buy health insurance (basically a tax). Trump tax law reduced to zero if you didn't
buy health insurance
3rd - Argued that since the penalty was zeroed out, and since the penalty is gone (no
tax), is it unconstitutional? Rejected as the Supreme Court had at that point become
very popular and millions were depending on it.
State Regulatory Power - ✔️✔️The US constitution does not identify powers that state
legislators can exercise. It says some powers can only be exercised by congress, like
issuing money. In all other situations, the federal and state governments exercise power
concurrently. States can do what they want unless congress has preempted the area
Regulating commerce between states, imposing and collecting taxes, and spending -
✔️✔️Congress can legislate in a few ways. The three most important are:
Incorporation - ✔️✔️Supreme Court action making the protections of the Bill of Rights
applicable to the states
Many of the amendments to the constitution have to do with protecting individual rights.
They very often say the federal or state governments can do something, but they rarely
say both. Under this, any that only refers to one has been interpreted to apply for both
governments.
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