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Friday, November 8, 2013

Sanple

SAMPLE ESSAY AND ANSWER West Virginia passes a uprightness prohibiting elevator car dealerships located within the rural field of honor 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 clause of the U.S. Constitution because car dealerships are being set other than 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 accede would merely need to show that it had a rational root for the statute. Examples of rational basis are: allowing dealership employees a day to spend with thei r families; or for rest; or for church attendance. canescents challenge would likely be unsuccessful. [Discussion of relevant nab cases from the text and/or from categorise would bring in meritoriousness to the analysis] another(prenominal) possible argument would be that the statute violates the establishment clause 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 tote up merit to the analysis] A much w eaker argument would be that the statute vio! lates the dormant commerce clause. Because the federal government has the exclusive power to regulate interstate commerce (even though it has not exercised that power here), the argument would be that this statute places too stop up a burden on interstate commerce. The court would commensurateness 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, guild it on our website: OrderCustomPaper.com

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