Author Question: The State of Louisiana's Sunday closing law provides that all stores, shops, saloons, and all places ... (Read 50 times)

@Brianna17 · **on:** Jun 24, 2018

The State of Louisiana's Sunday closing law provides that all stores, shops, saloons, and all places of public business, licensed under the law of Louisiana or under any parochial or municipal law, shall be closed on Sunday. The statute had 25 exemptions including drug stores, hotels, restaurants, theaters, the 1984 Exposition, and stores occupying a space of 1,500 square feet or less. Home Depot wishes to challenge the closing law on its constitutionality. What constitutional provisions would apply?

Question 2

Which of the following is a multilateral treaty?
A) A treaty between the United States and Canada on acid rain
B) A treaty between Mexico and the United States on border drug traffic
C) A treaty between England, Japan, and the United States on trade with China
D) None of the above

cswans24 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

The state is using its police power, but the statute may have the effect of favoring small local businesses over the large interstate chains. Also, the effect may raise issues of substantive due process - a right is taken away without discussion. See for full details: Home Depot Inc. v. Guste, 773 F.2d 616 (5th Cir. 1985).

Answer to Question 2

C