1. Assume that, after a rash of bicycle accidents in several cities nationwide, Congress enacts a federal statute prohibiting the use of bicycle couriers. The statute is intended to protect the safety of the public at large. Congress justifies the statute on the basis that couriers are inherently involved in commercial activity. What enumerated power is Congress using as the basis of its authority to enact this statute? If Quick were to challenge the constitutionality of the statute, what would its probable legal theory be?
2. Suppose that, instead of an outright ban on bicycle couriers, Congress enacts a law prohibiting any companies that use bicycle couriers from receiving any money from federal grant programs or federal contracts. Does this new law change your analysis relating to congressional authority?
3. Assume that Quick also does business in Boston. Assume also that the Massachusetts legislature enacts a state law that imposes a registration requirement on all courier companies that are head-quartered outside of Massachusetts’s state borders. The registration requirement includes an annual fee that is not required of in-state couriers. Has Massachusetts infringed on Congress’s constitutional authority? What is the standard used by courts to analyze such a law?
4. Assume further that the Occupational Safety and Health Administration (OSHA), a federal government agency, imposes an administrative fine on Quick without giving the company’s officers adequate notice to provide evidence that no violation has occurred. How would the Due Process Clause protect Quick from OSHA’s actions?
5. If OSHA wishes to search Quick’s premises for evidence of an administrative violation, what constitutional amendment would govern the process? If the purpose of the search is to investigate a criminal conspiracy involving Quick’s officers, how would that change your answer?
Quick Courier Services (Quick) is a hypothetical company with 2,500 employees and contractors nationwide and with corporate headquarters in New York City. Quick provides courier services to businesses that require documents or packages to be delivered on a same-day basis. While most of the deliveries are made by car or van, Quick also employs several bicycle cou-riers to accommodate customers in large cities.
