Case Study: Issue: Takings Clause, Campaign Finance Laws, Commerce Clause

1155 words - 5 pages

Case Study:For those of you unfamiliar with the F.I.R.A.C Method of coming to conclusions regarding case studies of business law, first the person must state the fact, then the issues, the Law and finally show how that law applies and conclude on behalf of either side.Fact:Solo Inc made contributions to support pending Alaska State ballot initiative to increase taxes to support the Alaska State university. It also used company resources to suport the ballot initiative and in so doing violated the statute put into affect on January 1, 2001 called the "Campaign Financing Reform Act" which prohibited corporations doing business within the state contributing to or soliciting contributions for any purpose which would influence the vote on any question submitted to the voters other than ones materially affecting any of the property, business or assets of the corporation.Issue:Did Solo Inc violate the Campaign Finance Reform Act?Rule:Campaign Finance Reform Act - No Corporate Entity shall contribute or solicite contributions for any purpose that would influence the vote on any question submitted for the voters.Full Faith and Credit Clause - It ensures that rights established under deeds, wills, contracts and the like in one state will be honored by other states.(Article 4)Article 1 Section 8 - Commerce Clause - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; (Article 1)5th and 14 ammendment Takings Clause - Two questions: if the 5th amendment was sufficient to decide what was a taking in terms of state action (as shown in Lucas), why was it necessary for the courts to extend the takings clause to the 14th amendment? Also, why was the Court ever able in the first place to apply the 5th amendment takings clause to states? The government must sufficiently equally reimburse the person for whom the taking was committed on.(Takings--5th v 14th amendments)14th ammendment Police Power - Police Power Defined and Limited .--The police power of a State today embraces regulations designed to promote the public convenience or the general prosperity as well as those to promote public safety, health, and morals, and is not confined to the suppression of what is offensive, disorderly, or unsanitary, but extends to what is for the greatest welfare of the state. 65Because the police power is the least limitable of the exercises of government, such limitations as are applicable are not readily definable. These limitations can be determined, therefore, only through appropriate regard to the subject matter of the exercise of that power. 66 ''It is settled [however] that neither the 'contract' clause nor the 'due process' clause had the effect of overriding the power of the state to establish all regulations that are reasonably necessary to secure the health, safety, good order, comfort, or general welfare of the community; that this power can neither be abdicated nor bargained away, and is inalienable even by express...

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