I. Billy Bob Reddnec decides to escape the oppressive heat of southern Alabama and moves west to La Grande, Oregon. Afte

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I. Billy Bob Reddnec decides to escape the oppressive heat of southern Alabama and moves west to La Grande, Oregon. Afte

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I. Billy Bob Reddnec decides to escape the oppressive heat ofsouthern Alabama and moves west to LaGrande, Oregon. After settling in, Billy Bob purchases the LongBranch cafe and extensively remodelsthe cafe. At the grand opening of his business, Billy Bob posts asign in the front window that states "Ireserve the right to refuse service to anyone. No Blacks orHispanics allowed". Pedro Rodriguez entersthe cafe and Billy Bob refuses to serve him because he isHispanic. 1. Pedro sues Billy Bob claiming that BillyBob has violated his 14th Amendment guarantee ofequal protection under the law. How should the court rule in thiscase and why?Frustrated by discrimination against minorities in restaurants, theU.S. Congress decides to pass afederal statute that prohibits Billy Bob from refusing to serveBlacks and Hispanics. 2. Under the principle of federalism, Congress canonly create a law based on the powersgranted to the federal government in Article 1 Section 8 of theU.S. Constitution. On whatconstitutional grant of authority (delegated power) can Congressbase the statute? 3. After the federal statute is enacted, which branchof the federal government would beresponsible for enforcing the antidiscrimination law?II. After extensive research concludes that the chemical processused to recycle plastics significantlyincreases the likelihood of testicular cancer, the state ofCalifornia passes a law that restricts men fromworking in the plastic recycling industry. Eddie Tufnutt has beenworking at a plastic recycling plant forfour years, and he will qualify for the company's health andretirement plan in another year. Sincefemales can still work in the plastic recycling industry, Eddiechallenges the California statute claimingthat it violates his 14 Amendment right to equal protection underthe law. 4. What test should the court apply to determine ifthe California statute is constitutional? Whywould this test be applied? Explain your answer.III. Scientific studies conclude that shipping coal in open railcontainers significantly increases thelikelihood of lung cancer in communities with railroads runningthrough them. In response to thesestudies, the state of Oregon passes a law that requires coalshipped on railroads through Oregon mustbe shipped in enclosed containers. Railroad companies challengedthe state law claiming it violates theInterstate Commerce Clause, a clause in the U.S. Constitution thatgives the federal government theauthority to regulate interstate commerce. 5. What test would a court apply to determineif the law is constitutional? Apply each elementof the test to determine if, in your opinion, the state law will befound to interfere with thefederal government's authority to regulate interstatecommerce.IV. The Salt Lake City school board establishes a policy thatprohibits energy drink advertisements withinall school district buildings and on all school district websites.The Energy Drink Producers boardchallenges the school district policy in court arguing that thepolicy interferes with the Energy Drinkproducer’s and distributor’s First Amendment right to freespeech. 6. Does the First Amendment restrict the SLCschool districts ability to regulate speech? Isadvertising considered a form of speech protected by the FirstAmendment? What test shouldthe court apply to determine if the SLC school district policiesviolate the First Amendment?
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