To explain constitutional law and how it might apply to GC operations and transactions, you decide to prepare a hypothetical example scenario and an accompanying analysis to present to GC owners.
Assume the scenario you prepared follows.
Hypothetical Example Scenario: EPI sells its green cleaning products to customers in most states. Its biggest product sales are in the Mid-Atlantic states.
Recently, the West Virginia (WV) legislature enacted a law banning all sales and importation of EPI’s “Clear Shine Window Cleaner” until further notice. It was discovered that one of the ingredients, derived from sunflowers, is contaminated and causes a quick-growing mold to spread on all surfaces to which it is applied. The mold can be toxic for humans and can cause damage to interior building surfaces.
EPI challenged the new law as unconstitutional, but the law was upheld in the West Virginia courts.
Address the questions below.
1. Analyze the U.S. Constitution whether the WV legislature has constitutional authority to enact the law, and specifically why and how. (Tip: this is not primarily a Commerce Clause issue.)
include in your analysis, the basis of the argument the WV courts would apply to uphold the law
2. Regardless of your response in 1. above, assume the WV legislature has constitutional authority to enact the law and thus, the ban is upheld.
Evaluate and discuss whether the restriction on private business activities is fair or unfair and explain why.
Prepare the analysis in a report, addressed to Winnie and Ralph, to be used in discussion with the GC owners.
The report should address the questions in the Instructions above. Follow the format below.
TO: Winnie James, Ralph Anders
FROM: (your name)
RE: Constitutional Law and Business Regulation