The Pros And Cons Of Lightning Energy Bar

1297 Words6 Pages

Conclusion:
It would be unconstitutional for the government to ban the use of the slogan, “Lightning Energy Bar: Lots of caffeine and sugar to light you up!”
Rule:
When determining and interpreting whether something is constitutional for the government to regulate or ban, it is important to understand "that the U.S. Constitution sets the framework for all U.S. laws, whether statutory or judicially created." This means that any statue, action, or legal ruling cannot conflict with what is stated in the Constitution, or "the Supreme Law of the Land."
The Amendments of the Constitution must be taken into consideration to see which apply to the given scenario. While applying the Amendments, it is imperative to remember that federal law comes before state law, where the federal government is authorized to make the law. There is also the interpretation of judicial philosophy. Some judges believe that the Constitution is a living, breathing document and is meant to be interpreted broadly, flexible, and in congruence with modern views points within society. While others believe the Constitution to be nonliving, this difference can cloud the interpretation of what is considered constitutional for the government to regulate.
Another area when determining if something is constitutional, is if it applies to one of …show more content…

The freedom of speech clause states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." For this situation, the part of the clause being focused on is the mention of abridging the freedom of