1. Explain the Equal Protection Clause and whether it applies to business entiti
ID: 411544 • Letter: 1
Question
1. Explain the Equal Protection Clause and whether it applies to business entities. For this case, what legal standard is applied to determine whether a law violates the Equal Protection Clause?
2. What constitutional power is the state using to justify its regulation regarding bait?
3. Does the State B law serve a legitimate state interest? Explain.
4. What is the Commerce Clause?
5. Does State B’s law violate the Commerce Clause? Explain.
Consider the following scenario Simon's "Fish Plate Friday" menu is a hit with customers! To keep up with demand, he makes the long trek from State A to Big Lake, which is located in State B. State A and State B have a reciprocal license agreement that allows residents of each state to fish the other state's waters. The statute reads as follows: State A License Agreement with State B State A has a license agreement with State B. This agreement recognizes fishing licenses of the two states on the waters of Big Lake. As Simon sets out for his fishing trip to Big Lake, he is able to purchase only a small quantity of live minnows from his favorite State A bait shop. He plans to buy more live minnows once he arrives at the Big Lake bait shop in State B. To Simon's dismay, the Big Lake bait shop is sold out of live minnows, and the store clerk advises him of the prohibition against using State A live minnows because they may carry parasites. The clerk then shows him a recent news article written by a State B fish pathologist discussing the prohibition. Simon is very upset about the State B law because he purchased his minnows from a reputable dealer, and State B cannot prove that his minnows are unhealthy. He feels the blanket prohibition on State A minnows is unfair and places an undue burden on interstate commerce. Simon is particularly upset because he stands to lose a lot of money if he cannot meet customer demand for his "Fish Plate Friday" promotion. Simon believes the law violates the Interstate Commerce Clause. He asks your opinion about the law.Explanation / Answer
1. Equal protection clause
An individual cannot be denied equal protection of the laws by the state. Business units can be treated differently from individuals. It forbids racial gerrymandering. It holds racial quota unconstitutional. It may be used against affirmative action but in case of business units only with Commerce Clause. Equal protection is a clause of the Fourteenth Amendment.
2. Federal Government can regulate on behalf of environmental quality under the constitutional right to clean environment. The State can use the Commerce Clause. The state can also use the Property Clause of Article IV, section III.
3. State B protects the State environment by regulating the use of bait from other states.
4. Commerce Clause
It is the article one, section 8, clause 3 of the US constitution. It regulates trade with several states, foreign nations, and, the Indian tribes. The commerce clause restricts regulatory authorities of states. It grants Congressional authority for a prohibition against states that discriminate against interstate commerce. It does not allow citizens to have protectionist state policies that favour citizens of one state over the other. For instance, Massachusetts tax on dairy and the subsidy for state farmers protects Massachusetts citizens over those from other states.
5. It violates the commerce clause but environmental protection can be the reason for imposing such rules even when the Commerce Clause is violated.
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