This learning activity focuses on constitutional authority to regulate business and constitutional law concepts
This learning activity focuses on constitutional authority to regulate business and constitutional law concepts.
Case Scenario: City enacted a city zoning ordinance that barred outdoor advertising display signs – including billboards – on all public roads within the city limits. Billboards on-site on any public or private business location are exempt from this ordinance, and thus, permissible. City claimed the ordinance was necessary to promote public traffic safety and aesthetics. Max, Inc., a company in the business of leasing commercial billboards to advertisers, and the primary billboard provider in City, sued City alleging the zoning ordinance is unconstitutional.
A. If you were the jury in this case, how would you rule on the constitutionality of the ordinance and why?
B. If you were an attorney advising City, what would you advise them to claim is the most logical legal basis/constitutional authority for City to enact the ordinance and why?
Answer each question part in paragraph format using APA in text citations, as appropriate, from the assigned materials.
Comprehensively, specifically justify/support and explain your rationale for your conclusions. Use in text citations and a list of References.
A. “The Constitution offers voice to the possibility that individuals have fundamental rights” (saylor.org, 2014, section 4). In the event that I were the jury for this situation, I would lead this statute as protected, since it doesn’t take away any of the fundamental privileges of people or organizations. It doesn’t abuse the principal alteration which stipends the right to speak freely or press. Or maybe it is looking to ensure the security of its nationals and enhance style. In addition, bulletins have just been banned on open streets, not on the on location area of any open or private business. So the mandate is impeccably established.
B. I would exhort City that the protected power for the statute is the Tenth Amendment. The Tenth Amendment gives the states the rights and powers not designated by the United States (The Constitution of the United States). Thus states have the privilege to build up and uphold laws to shield the general population from dangers, including movement risks that endanger open well being. As a lawyer, I would encourage the city to in compel their established power and allude and bolster their choice utilizing the tenth Amendment. The tenth Amendment expresses, “The forces not designated to the United States by the Constitution, nor restricted by it to the states, are held to the states separately, or to the general population.” With this said, states have the ability to implement laws and to control how the general population live in every state. i.e. publicizing signs, activity laws, and so forth.