LAW 3220 Lecture Notes - Lecture 4: Commerce Clause, Duke Energy, Sin Tax
Document Summary
If state has a right or congress has a right revolving anything business-> congress wins. Congress has the power to make all laws that are necessary and proper to forgoing powers (regulate commerce: basically congress can do anything they want to regulate commerce. o, 82. 4. 1 p. 84: 85 hughes v. oklahoma. 2 purposed for taxes: used to collect revenue, used to detur, punish, or encourage certain behavior. Sin tax- anything that"s sinful gets taxed. Power to tax includes the power to destroy (cid:1) (cid:1) (cid:1) (cid:1) Do you have to have a warrant to search a business. Yes, unless you"re a closely regulated business: ex) junkyards, airlines, duke power. Any evidence that is illegally obtained can not be used. Reasonable expectation of privacy (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) (cid:1) need to be turned over (cid:1) (cid:1) Personal questions do not need to be answered but company records (cid:1)
