State of Confusion
Nikki Cohen
BUS / 415
December 5, 2011
Mark Rorem
The state of Confusion enacted a statute that all trucks towing trailers within their state line must use a B-type hitch. There is only one manufacturer of this specific hitch in Confusion. Tanya Trucker, a trucking company owner in the state of Denial, is not particularly happy with the additional expense. Tanya is considering filing a suit against Confusion to get the statute overturned.
Jurisdiction
The Confusion statute imposes a burden on interstate commerce and restricting the free flow of trade which violates the Commerce Clause in the United States Constitution, Article 1, Section 8 “The Congress shall have power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (US Constitution, 2004). If the action of the state of Confusion was perceived by federal court to be regulating interstate commerce, it would be deemed a direct burden on interstate commerce and thus it would be unacceptable. Therefore, Tanya is able to sue in federal court in Confusion for a judgment that the state regulations violate the commerce clause and is imposing an unjust burden on interstate commerce.
Constitutional
Even though states have the power to set their own laws and statutes, the laws may be reviewed by higher courts. The state of Confusion is using the fact that trucks have to drive through the state and are gaining monetary value for it. Since Confusion is not requiring the B-type hitches for safety and are only requiring it to produce money it is unconstitutional. The Commerce Clause allows the federal government to determine is the statute is constitutional or not.
Will Tanya Prevail?
Tanya is more than likely to prevail on her suit against the state of Confusion because Confusion is requiring trucks to use a specific hitch within state lines. If Confusion was requiring the specific hitch to protect...