SAMPLE ESSAY AND ANSWER West Virginia passes a faithfulness prohibiting elevator car dealerships located within the rural orbit from conducting business on Sun solar twenty-four hour periods. greys, a car dealership located in a ember 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 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 plead would merely need to show that it had a rational dry land 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. rustys challenge would likely be unsuccessful. [Discussion of relevant toss off cases from the text and/or from ramify would bring in merit to the analysis] another(prenominal) possible argument would be that the statute violates the establishment clause of the First Amendment.
However, courts have routinely held that Sunday closing laws do not violate the establishment clause and any pietism benefiting is merely incidental. [Discussion of relevant court cases from the text and/or from class would tot merit to the analysis] A much weaker arg ument would be that the statute violates the! dormant commerce clause. Because the federal government has the scoopful power to regulate interstate commerce (even though it has not exercised that power here), the argument would be that this statute places too secure a burden on interstate commerce. The court would correspondence 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, society it on our website: OrderCustomPaper.com
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