Saturday, September 14, 2013

Sanple

SAMPLE ESSAY AND ANSWER West Virginia passes a honor prohibiting elevator car dealerships located within the rural land from conducting business on Sun solar solar days. greys, a car dealership located in a char mining township, is open on Sundays for the convenience of the towns miners. grey-haireds is charged with violating the statute and is fined. What is grey-haireds best argument that the law is invalid? Explain. greys best argument is that the statute violates the Equal certificate article of the U.S. Constitution because car dealerships are being set otherwise than other businesses. However, because the layerification is based on flake of business and non on race or gender, for instance, the analytic thinking would be under the rational root word level of scrutiny. The state would merely need to show that it had a rational bum for the statute. Examples of rational basis are: allowing dealership employees a day to spend with their families; or for rest; or for church attendance. grey-haireds challenge would likely be unsuccessful. [Discussion of relevant slip cases from the text and/or from form would bring in virtue to the analysis] another(prenominal) possible argument would be that the statute violates the establishment article of the First Amendment.
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However, courts have routinely held that Sunday closing laws do not violate the establishment clause and any religion benefiting is merely incidental. [Discussion of relevant court cases from the text and/or from class would wreak merit to the analysis] A much weaker argument would be that the statute vi olates the dormant commerce clause. Because ! the federal government has the soap power to regulate interstate highway commerce (even though it has not exercised that power here), the argument would be that this statute places too cork a burden on interstate commerce. The court would balance the states interest against the impact on interstate commerce. [Discussion of relevant court cases from the text and/or from class would add merit to the analysis] (This...If you want to get a full essay, floor show it on our website: OrderCustomPaper.com

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