Case Questions Chapter 4, Legal Environment of Business Management Essay Example
Case Questions
1. Many states prohibit their lottery tickets from being sold out of the state, so Pic-A-State would have it agent buy lottery tickets in various states and hold them there; someone in Pennsylvania would buy a claim on the tickets held in the other states. Congress passed a law prohibiting interstate transmission of lottery ticket information to be used for lottery ticket sales. Pic-A-State, which was being put out of business, challenged the law as unconstitutional. Was this correct?
Pic-A-State Inc.’s challenge stating that the law Congress passed prohibiting interstate transmission of lottery ticket information to be used for lottery ticket sale was unconstitutional is not correct. As per out text, the Commerce Clause of the United States Constitution provides that “Congress shall have Power… To regulate commerce with foreign Nations, and amount the several states...” Congress has the power to regulate interstate commerce that includes transmission of information by computer for purchasing lottery tickets. Although Pic-A-State did not transport actual lottery tickets across state lines, but only sold interest in lottery tickets via computer, their activity may still be regulated by Congress. Congress has acted under their constitutional exercise and power to legislate under the Commerce Clause. This law has protected the state lottery revenues, and preserving state sovereignty in the regulation of lotteries and interstate gambling.
2. Plaistow, New Hampshire, passed an ordinance prohibiting truck traffic during late-night hours at a truck terminal loading and unloading facility. It did so to reduce noise and fumes for the benefit of town residents. The truck terminal had been in operation several years. Most of the trucks came five miles from an interstate highway to change loads. The truckers contested the regulation as a restriction on interstate commerce and maintained that regulating an area (interstate trucking) subject to federal
1. Many states prohibit their lottery tickets from being sold out of the state, so Pic-A-State would have it agent buy lottery tickets in various states and hold them there; someone in Pennsylvania would buy a claim on the tickets held in the other states. Congress passed a law prohibiting interstate transmission of lottery ticket information to be used for lottery ticket sales. Pic-A-State, which was being put out of business, challenged the law as unconstitutional. Was this correct?
Pic-A-State Inc.’s challenge stating that the law Congress passed prohibiting interstate transmission of lottery ticket information to be used for lottery ticket sale was unconstitutional is not correct. As per out text, the Commerce Clause of the United States Constitution provides that “Congress shall have Power… To regulate commerce with foreign Nations, and amount the several states...” Congress has the power to regulate interstate commerce that includes transmission of information by computer for purchasing lottery tickets. Although Pic-A-State did not transport actual lottery tickets across state lines, but only sold interest in lottery tickets via computer, their activity may still be regulated by Congress. Congress has acted under their constitutional exercise and power to legislate under the Commerce Clause. This law has protected the state lottery revenues, and preserving state sovereignty in the regulation of lotteries and interstate gambling.
2. Plaistow, New Hampshire, passed an ordinance prohibiting truck traffic during late-night hours at a truck terminal loading and unloading facility. It did so to reduce noise and fumes for the benefit of town residents. The truck terminal had been in operation several years. Most of the trucks came five miles from an interstate highway to change loads. The truckers contested the regulation as a restriction on interstate commerce and maintained that regulating an area (interstate trucking) subject to federal