3 Trimester 2015 – ASSIGNMENT
Page 2 of 4
QUESTION 1 (3 x 10 marks each = 30 marks)
Consider the following independent situations:
A. Laura Prebble, the owner-manager of a small business, had carefully monitored her cash position
over the past financial year, and was pleased to note at the end of the year that the cash position was
strong, and had shown a healthy 50% increase over the year. When presented with the income
statement for the year, she was dismayed to note that the profit earned in the last year had deteriorated
significantly and had become a loss for the current period. In her anger, she accuses you of having
made errors in the accounting since ‘such a silly situation could not possibly exist’.
REQUIRED: Draft a response to Laura.
B. Wayne Deng is reviewing the statement of cash flows for his technology business. The statement
has been provided by his accountant. He is dismayed that the statement shows net cash outflows for
investing activities.
REQUIRED: Discuss if Wayne should be concerned by this.
C. After calculating the current ratio for an entity and finding that the ratio’s value was 5:1, a student
analyst decided that the company was in a sound position for paying its liquid liabilities.
REQUIRED: Discuss the shortcomings of making such a conclusion.
BUS 103 Accounting for Managers
3 Trimester 2015 – ASSIGNMENT
Page 3 of 4
QUESTION 2 (15 + 10 = 25 marks)
The financial statements for the business of Trinh’s Nail Supplies for the past two years are presented
below.
TRINH’S NAIL SUPPLIES
Comparative Income Statements: for the year ended 30 June
2016 2017
Sales $ 400 000 $ 500 000
Cost of sales 350 000 458 000
Gross profit 50 000 42 000
Interest income 1 000 2 000
Loss on sale of fixtures — 800
51 000 43 200
Office supplies used 10 000 11 000
Other expenses 29 000 29 000
39 000 42 000
Profit $ 12 000 $ 3 200
TRINH’S NAIL SUPPLIES
Comparative Statements of Financial Position as at 30 June
2016 2017
ASSETS
Cash at bank $ 4 400 —
Accounts receivable 42 000 $ 60 000
Inventory 80 000 40 000
Office supplies 2 000 5 000
Freehold property 60 000 80 000
Fixtures 40 000 46 000
Accumulated depreciation – fixtures (16 000) (20 200)
Investments 6 000 16 000
$ 218 400 $ 226 800
LIABILITIES AND EQUITY
Bank overdraft — $ 4 000
Accounts payable $ 26 000 40 000
Trinh, Capital 192 400 182 800
$ 218 400 $ 226 800
Additional information
I. All purchases and sales of inventories are on credit. All purchases of office supplies are for cash.
II. The bank overdraft is considered to be part of the entity’s cash management function.
III. During the year ended 30 June 2017, the owner, Trinh, withdrew $12 800 in cash for personal use.
IV. The entity sold some fixtures for $1200 cash during the current year. These fixtures initially cost
$4200 and had been written down to a carrying amount at the date of sale of $2000.
V. Depreciation of fixtures has been included in ‘other expenses’ for the year ended 30 June 2017. All
remaining other expenses were paid in cash.
REQUIRED:
A. Prepare the statement of cash flows for Trinh’s Nail Supplies for the year ended 30 June 2017,
using the direct method.
B. Comment on the cash flow position of the entity as shown in the statement of cash flows.
BUS 103 Accounting for Managers
3 Trimester 2015 – ASSIGNMENT
Page 4 of 4
QUESTION 3 (18 + 4 + 3 = 25 marks)
The following information relates to the business of Chef One. The owner is concerned about the
profitability and financial structure of his business at 30 June 2017, especially since the bank is
requiring repayment of the business’s overdraft.
30 June 2017 30 June 2016
Revenue (sales on credit)
Cost of sales
Other expenses
Cash and cash equivalents
Inventories
Trade accounts receivable (net)
Non-current assets (net)
Trade accounts payable
K. Pastry, Capital
Non-current liabilities
$140 000
99 500
36 500
(32 000)
54 500
50 000
77 000
18 500
108 000
23 000
$105 000
68 500
28 000
28 000
37 000
28 000
46 000
19 000
120 000
—
Inventory at 1 July 2016 was $22 500.
REQUIRED:
A. Calculate the following ratios for 2016 and 2017:
i. profit margin
ii. return on capital
iii. current ratio
iv. quick ratio
v. equity ratio
vi. inventory turnover
B. Write a short report to the owner in relation to the profitability and financial stability of the
business.
C. Identify the cash flow ratios that would be useful to calculate to assist the owner to more fully
understand the financial health of the business.
22.
Role and Functions of Law in Business
Paper details:
Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. in Ch. 2, “Commerce Powers,” of the text.
*** This reference that I have provided in the attachment and Chapter two must be used by the writer as one of the sources (***Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin***).
***the other source that the writer selects must be peer-to-peer review and I must have access to it for reviewing the content of my paper***.
Write a 700- to 1,050-word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry.
STRUCTURE AND NATURE OF THE CONSTITUTION:
FEDERAL POWERS
The United States uses a federal system in which a national government coexists with the
government of each state. An important concept underlying the federal system is that the
federal government has only limited powers to regulate individuals and businesses. States
are thought of as having more inherent powers to protect the general welfare of their citizenry
with only general constitutional authorization.1 In contrast, the federal government’s
power to regulate must be specifically granted by the U.S. Constitution. For example, the
Constitution grants Congress the explicit power to collect taxes and to control the issuance
of patents and copyrights.
From a broad perspective, the Constitution may be thought of as having three general
functions: (1) establishing a structure for the federal government (including qualifications
for certain government offices) and rules for amending the Constitution; (2) granting specific
powers for the different branches of government; and (3) providing procedural protections
for U.S. citizens from wrongful government actions.
Structure of the Constitution
The U.S. Constitution is composed of a preamble, seven articles,
and 27 amendments. The first three articles establish a
three-part system of government with three coequal branches:
the legislative branch, the executive branch, and the judicial
branch. The underlying rationale for this structure is that each
of the branches exercises its respective powers to ensure that
one branch does not exceed its authority under the Constitution.
Specifically, the Constitution begins with a preamble stating
the Constitution’s broad objectives (e.g., justice, liberty, tranquility,
common defense). The articles then set out structure,
powers, and procedures. From a business perspective, it is also
important to note that Congress’s powers to directly and exclusively
regulate bankruptcy, patents, and copyrights are set out
in Article I. Table 2.1 is a brief synopsis of the provisions in
each article.
In addition to the creation of federal courts, the Constitution
also establishes boundaries of jurisdiction. Jurisdiction is
the legal authority that a court must have before it can hear a
case. Both the U.S. Constitution and individual state constitutions
contain language that establishes jurisdiction for certain
matters to be heard by certain courts. The concept of jurisdiction
is discussed in detail in Chapter 3, “The American Judicial
System, Jurisdiction, and Venue.”
Amendments
The Constitution has been amended (added to or changed)on several occasions since its ratification. These amendmentsare an important part of the Constitution’s function as a protectionof the citizenry from unlawful or repressive acts of thegovernment. The first ten amendments, called the Bill of Rights, were added in 1791. TheBill of Rights preserves the rights of the individual U.S. citizens, and in some cases U.S.–based businesses, from unlawful acts of government officials, freedom of speech and religion,prohibition on random searches, and others. In all, there have been 27 amendments tothe Constitution. The applicability of the Bill of Rights in the specific context of businessis discussed in detail later in this chapter.
OVERVIEW OF FEDERAL POWERS
Powers granted to the three branches of government in the Constitution are known as
enumerated powers and are typically limited in scope. This means that each act of federal
legislation or regulation must come from within one of the very specific, enumerated
powers. The primary authorization of Constitutional powers is given to Congress under
Article I. 2 Congress has enumerated powers in 18 different clauses. The powers that generally
impact business owners and managers include (1) the power to regulate commerce
(CommerceClause); (2) taxing the citizenry and commercial entities and spending government
funds (tax and spend provisions); (3) bankruptcy, patents, and copyrights; and
(4) a more general implied authority to make all laws necessary for carrying out its enumerated
powers (Necessary and Proper Clause).
Separation of Powers
Enumerated powers are also granted to the executive
and judicial branches. For example, the president
is granted the power to (1) carry out laws
made by Congress; (2) be the commander in chief of the armed forces; (3) enter into a treaty (subject to approval by the Senate) and to
carry out foreign policy; and (4) appoint federal officers and judges (also subject to
Senate approval). The judiciary is authorized to decide cases and controversies falling
within federal jurisdiction. In addition, the three branches also have powers that are part
of an overall scheme to provide a system to resolve conflicts among the branches and
ensure that no one branch exceeds its constitutional authority. This system of checks
and balances is called the separation of powers.
Table 2.2 sets out some of the various powers each branch has that acts as a check on
the other branches.
Judicial Review
One of the central concepts in federal Constitutional law is the notion that federal courts
have the right to invalidate state or federal laws that are inconsistent with the U.S. Constitution
in some way. The U.S. Supreme Court is the ultimate judge of federal constitutional
law. This authority was established by the Court in the landmark case of Marbury v. Madison
in 1803. In Marbury, the Court explicitly ruled that (1) the Constitution was superior
to federal and state statutes, and (2) when there is a conflict between the Constitution and
state or federal law, the Court has the authority to strike down the law as unconstitutional.
The Court based these conclusions on the judiciary branch’s enumerated powers found in
Article III, § 2 which includes authority of matters arising under the Constitution or “laws
of the United States.” 3 Marbury, although decided over two hundred years ago, is still considered
valid precedent, and federal courts regularly cite the case as a source of authority
for the power to invalidate a law that is in conflict with the Constitution. Over the better
part of two centuries, the Court further defined its judicial review authority, including the
power of federal courts to review state court decisions to the extent that the decisions
involve federal law or federal constitutional issues.
Applying the Constitution: Standards of Review
The U.S. Supreme Court has established three standards of review for applying Constitutional
law. These standards appear in a broad range of constitutional law cases, and the
Court has fashioned these standards for use by lower courts in applying the provisions of
the Constitution as uniformly as possible. When reviewing a government action for constitutional
soundness (such as passage or enforcement of a federal or state law), the Court
classifies the action into one of three categories of scrutiny: (1) the rational basis category,
(2) intermediate-level scrutiny, or (3) strict scrutiny.
Rational Basis Government actions that are in this category are subject to the least amount
of scrutiny. In order for the court to uphold the action, the government need only show that
their action advanced a legitimate government objective (such as public welfare, health, or
safety) and the action was minimally related to the government’s objective. Government
actions that fall into this category include those that do not involve any fundamental constitutional
rights. Fundamental rights are generally limited to voting, access to criminal appeals,
and interstate travel. Therefore, almost every economic- and tax-related law is reviewed using
this undemanding threshold and ultimately the law is found to be constitutional. For example,
suppose that, in response to pressure by consumer advocacy groups to regulate Internet
access, pricing, and service, Congress passes a law requiring all Internet service providers
(ISPs) to be directly regulated by a new federal administrative agency. The law imposes a
tax on the ISPs to fund the agency. MegaSearch is an ISP subject to the law and files suit
contending the law is an unconstitutional exercise of congressional powers. Because the regulation
is purely economic, a court will likely rule against MegaSearch and uphold the law as
constitutional using the rational basis category so long as the government provides evidence
that the law advanced some legitimate government objective (such as consumer protection).
Intermediate-Level Scrutiny Some actions are categorized as subject to intermediatelevel
scrutiny. Courts will uphold government actions as constitutional so long as the government
can prove that their action advanced an important government objective (a higher
level than “legitimate” used in the rational basis test) and that the action is substantially
related (a higher level than “minimally”) to the government’s objective. A relatively small
number of cases fall into this category. For example, courts have used this category in cases
involving government action related to regulating time, place, and manner of a political
demonstration that is protected under the First Amendment. For example, suppose in the
MegaSearch case, above, that the management at MegaSearch organizes a protest against
the law and applies for permits to stage demonstrations opposing the law in several cities
across the country. One city, Silicone Village, rejects the permit application because Mega-
Search’s proposed demonstration would block a high-volume traffic area and endanger both
pedestrians and drivers. The village also points out that a public park located in the village
would be a more appropriate venue. If MegaSearch sues the village for denying them their
First Amendment right to protest, a court would likely find the village’s actions permissible
under the intermediate-level scrutiny standard because the government’s denial of the permit
is substantially related to an important government objective (protection of drivers and
pedestrians).
Strict Scrutiny When the government action is related to a fundamental right or is based
on a “suspect” classification (i.e., race, national origin, or alienage) courts apply a strict
scrutiny standard when deciding whether to uphold the government action. Courts will
only uphold the law if (1) the government’s objective is compelling, (2) the means chosen
by the government to advance that objective is necessary to achieve that compelling end,
and (3) no less-restrictive alternatives existed. In the strict scrutiny category, the government
has the burden of persuasion. As a practical matter, when courts classify government actions as belonging in the strict scrutiny category, they are signaling that the government
action is likely to be ruled unconstitutional. For example, suppose that in the MegaSearch
case above, that the government passes a law that imposes a higher level of tax on ISPs
who catered to Latino users by assessing the tax based on the number of searches conducted
using words and phrases in Spanish. Such a law would be a clear example of the
government’s use of a suspect classification (national origin) and would clearly be struck
down under a strict scrutiny analysis.
The Supremacy Clause and Preemption
Because our federal system of government contemplates the coexistence of federal law with
the various laws of the states, there is sometimes a conflict between federal law and state law.
Article VI of the U.S. Constitution provides that valid federal laws (those made pursuant to
Congress’s constitutional authority and that are constitutionally sound) are always supreme
to any conflicting state law. This is known as the Supremacy Clause and it invalidates any
state law that is in direct conflict with federal law. The power granted by the supremacy
clause to override a state law is called preemption. In order for preemption to occur, the
federal law must be directly in conflict with the state law to the point where the two laws cannot
coexist. For example, in Geier v. American Honda Motor Company, the U.S. Supreme
Court held that a federal regulation giving auto manufacturers the choice between airbags
or alternative methods of passenger safety restraints preempted a claim by an injured party
against an auto manufacturer under a state common law doctrine based on failing to install
airbags. The Court ruled that, because the injured party’s case depended upon a claim that
auto manufacturers had a legal duty to install airbags and the violation of that duty resulted in
the injury, the state common law could not coexist with federal law that specifically allowed
auto manufacturers to opt not to install airbags in favor of another type of restraint system.
In Case 2.1, a famous dispute involving the early tobacco product liability litigation, the
U.S. Supreme Court applied the doctrine of preemption.
COMMERCE POWERS
Congress’s broadest power is derived from the Commerce Clause whereby Congress is
given the power to “regulate Commerce among the several states.” Under the modern
trend, federal courts have been largely deferential to legislative decisions under Congress’s
commerce powers. Despite some limits placed by the U.S. Supreme Court in the
relatively recent past, Congress still exercises very broad powers to pass laws where the
activity being regulated affects interstate commerce in any way.
Application of Commerce Powers
Congress exercises its commerce powers in various forms. However, the direct and broad
power to regulate all persons and products related to the flow of interstate commerce is the
fundamental source of its authority.
Interstate versus Intrastate Commercial Activity Congress has the express constitutional
authority to regulate (1) channels of interstate commerce such as railways and highways,
(2) the instrumentalities of interstate commerce such as vehicles used in shipping, and
(3) the articles moving in interstate commerce. Even for commercial activity that is purely
intrastate (takes place within one state’s borders), Congress has the power to regulate the
activity so long as it has a substantial economic effecton interstate commerce. For example,
suppose that Congress passes the Whistleblower Act, a statute that prohibits any businessengaged in interstate commerce from firing their employees for reporting safety violations.
Steel Co., a West Virginia company, begins to engage in a pattern of firing all employees who
report safety violations. When a government agency files a civil lawsuit against Steel Co. to
enforce the Whistleblower Act, Steel Co. defends that the act is unconstitutional because the
activity of firing their employees is purely within the state of West Virginia and not related to
interstate commerce. A court would likely find that if Steel Co. had any commercial activity
at all (such as shipping, warehouses, equipment, advertising, or importing) that is outside
of West Virginia, Congress has the authority to regulate Steel Co.’s workplace policies. In
the dynamics of the modern-day commercial world, a large amount of seemingly intrastate
activity has some degree of economic effect on interstate commerce.
The U.S. Supreme Court has even deferred to congressional regulation of a product
that is cultivated for noncommercial purposes solely in one state as sufficiently related to interstate commerce. In Gonzalez v. Raich, 7 the Court ruled that Congress had the power
to criminalize the possession of marijuana even if it was noncommercially cultivated and
consumed by medical prescription all in the same state. The case involved a challenge by
two California residents to the enforcement by federal officials of the federal Controlled
Substances Act after California passed a state law via voter ballot proposition to exempt
anyone involved in the cultivating, prescribing, and consuming marijuana for medical purposes
from prosecution. The plaintiffs were each arrested by federal officials for possession
of marijuana that had been grown at home. Each had a prescription from a licensed
physician. In refusing to invalidate the Controlled Substances Act, the Court noted that
Congress could have rationally believed that the noncommercially grown marijuana would
be drawn into the interstate market and, therefore, the banning of the substance was sufficiently
related to interstate commercial activity.
Cipollone v. Liggett Group, Inc., et al., 505 U.S. 504 (1992), et al., 505 U.S. 504 (1992)
CASE 2.1 Cipollone v. Liggett Group, Inc., et al., 505 U.S. 504 (1992)
FACT SUMMARY Cipollone brought suit againstLiggett for violation of several New Jersey consumer
protection statutes alleging that Liggett (and othercigarette manufacturers) were liable for his mother’s
death because they engaged in a course of conductincluding false advertising, fraudulently misrepresenting
the hazards of smoking, and conspiracy to deprivethe public of medical and scientific information about
smoking. Liggett urged the court to dismiss the statelaw claims contending that the claims related to the
manufacturer’s advertising and promotional activitieswere preempted by two federal laws: (1) the Federal
Cigarette Labeling and Advertising Act of 1965, and(2) the Public Health Cigarette Smoking Act of 1969.
SYNOPSIS OF DECISION AND OPINION TheU.S. Supreme Court ruled against Cipollone, holding
that his claims relying on state law were preempted byfederal law. The Court cited both the text of the statute
and the legislative history in concluding that Congress’sintent in enactment of the laws was to preempt
state laws regulating the advertising and promotion oftobacco products. Because Congress chose specifically
to regulate a certain type of advertising (tobacco), federallaw is supreme to any state law that attempts to
regulate that same category of advertising.
WORDS OF THE COURT: Preemption “Article VI ofthe Constitution provides that the laws of the United
States shall be the supreme Law of the Land. Thus,[. . .] it has been settled that state law that conflicts
with federal law is ‘without effect.’ [. . .] Accordingly,‘the purpose of Congress is the ultimate touchstone’
of pre-emption analysis. Congress’s intent may be‘explicitly stated in the statute’s language or implicitly
contained in its structure and purpose.’ In the absenceof an express congressional command, state law is
preempted if that law actually conflicts with federallaw, [. . .], or if federal law so thoroughly occupies a
legislative field ‘as to make reasonable the inferencethat Congress left no room for the States to supplement
it.’ [. . .] [Cipollone’s] claims are preempted tothe extent that they rely on a state-law ‘requirement
or prohibition . . . with respect to . . . advertising orpromotion.’”
Civil Rights Legislation A key use of the federal commerce power has been in the
area of civil rights legislation. Indeed, the Supreme Court’s level of deference for use of
congressional commerce powers reached its peak during and directly after the civil rights
era. In the 1964 Civil Rights Act, Congress used its commerce power to ban discrimination
in places of public accommodation such as restaurants and hotels. In two important
civil rights cases decided by the U.S. Supreme Court, the Court ruled that the Civil Rights
Act was a permissible application of Congress’s commerce powers. In Heart of Atlanta
Motel v. U.S., 8 the Court made clear that a federal ban on racial discrimination was a constitutionally
permitted use of congressional commerce powers because the hotel was open tointerstate travelers. Additionally, the Court deferred to a congressional finding of fact
that racial discrimination in accommodations discouraged travel by limiting a substantial
portion of the black community’s ability to find suitable lodging. In a companion case, 9
Katzenbach v. McClung, the Court held that a local restaurant that was located far from
any interstate highway, and with no appreciable business from interstate travelers, was
nevertheless, subject to the reach of the federal statute because the restaurant purchased
some food and paper supplies from out-of-state vendors. Since these purchases were of
items that had moved in commerce, Congress could properly exercise their power to regulate
a restaurant whose business interests were primarily local.
Noncommercial Activity In 1995, the U.S. Supreme Court signaled that some limits
on Congress’s commerce power still exist. In cases where the activity is purely noncommercial
(such as when Congress passes a criminal statute that is seemingly unrelated to
commerce), the Court has used increased levels of scrutiny to be
sure that the activity that Congress seeks to regulate has a sufficient
nexus (connection) to some legitimate economic interest. In U.S.
v. Lopez, the Court invalidated a federal statute on the basis that
it was beyond Congress’s commerce powers. In Lopez, the Court
struck down the Gun-Free School Zones Act of 1990, which made
it a federal crime to possess a gun within a certain distance from
a school. The Court rejected the government’s argument that gun
possession in schools affected economic productivity (by making it more difficult for students
to obtain an education) and thus was within the purview of congressional commerce
power. The Court held that such a broad interpretation of the commerce power would mean
that congressional power was virtually unlimited, and that such an expansive authority was
directly contrary to the express limits imposed by the Constitution. The court reasoned that
the banning of firearms in local schools was a government police power and, therefore,
more appropriately handled by the state government. Five years later, in U.S. v. Morrison,
the Court invalidated another statute on the same grounds. In that case, the Court struck
down the Violence Against Women Act, which gave victims of gender-motivated violence
the right to sue their attacker for money damages in a federal court. In light of the Lopez
decision, Congress made exhaustive findings of fact that detailed the cumulative economic
affect of gender-motivated crimes. Nonetheless, the Court held that the congressional findings
were too broad to justify use of the commerce power and that virtually any local crime
could become a federal offense under a similar justification. As a general rule, the further
that Congress strays from regulating commercial activity, the more likely the Court will be
to give the law intense constitutional scrutiny.
Constitutional Restrictions on State Regulation of Commerce
The U.S. Supreme Court has ruled that the mere existence of congressional commerce
powers restricts the states from discriminating against or unduly burdening interstate commerce.
States often wish to regulate commerce thatcrosses into their state borders. States are free to
regulate commerce so long as (1) it does not imposea discriminatory law (such as a tax) on out-of-state
businesses, and (2) the state law is a legitimate effortto regulate health, safety, and welfare. For example,
suppose that in order to protect its own economic interests, the Idaho state legislature imposes an inspection requirement and fee on all non-Idaho grown potatoes sold within Idaho state borders. The state legislature justifies thisprocess and fee on the basis that it is protecting its citizens from rotten potatoes. A court
would likely strike down the law because it discriminates against out-of-state producers,
and its explanation could be seen as a pretext (not the actual reason) since the law presumes
that in-state potatoes are safe. Moreover, the inspection fee and the inspection process
itself could be viewed as unreasonably burdening interstate commerce.
TAX AND SPEND POWER 12
Congress has a far-reaching power to tax the citizenry and to spend the federal government’s
money in any way that promotes the common defense and general welfare. The
power to tax is an independent source of federal authority. That is, Congress may tax activities
or property that it might not be authorized to regulate directly under any of the enumerated
regulatory powers. The power to spend is linked to the power to tax in that the money
may be raised by taxation and then spent on the general welfare of the United States. The
U.S. Supreme Court has been highly deferential to Congress in terms of what constitutes
general welfare and under what circumstances Congress may exercise its authority to tax
its citizenry and its decision-making power on how to allocate government money.
Necessary and Proper Clause
Congress may also place conditions on the use of federal money in order to achieve some
public policy objective. Congress generally cites the Necessary and Proper Clause as
authorization to set conditions on the spending. This ability to set conditions on the use
of federal money has been a somewhat controversial method of congressional regulation
because it falls outside the areas of traditional regulation. However, the U.S. Supreme
Court has upheld federal spending conditions that are tied to individual states passing certain
laws that carry out a congressionally set ambition. State legislatures have objected to
this type of regulation, characterizing it as a backdoor method for imposing laws on states
that are outside Congress’s enumerated powers.
In South Dakota v. Dole, 13 the Court deferred to Congress’s right to attach certain spending
conditions related to the legal drinking age (a state law issue) 14 on federal funds distributed
to the states for use in repairing and building highways. Unless a state passed a law
to raise the legal drinking age to 21 by a certain date, they would lose a certain percentage
of their allotted highway funding from the federal government. South Dakota and other
states challenged the law as an unconstitutional i