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Business Law Essay

967 words - 4 pages

The State of Confusion

April C. White

University of Phoenix

September 13, 2010

Alyson McCord

In the state of Confusion, a statute has been implemented requiring all trucking and towing trailers to use a B-type truck hitch. Due to the fact the hitch is only manufactured in Confusion, many truck drivers must stop and have the hitch installed when driving through Confusion. This has caused many delays and expenses for companies because the hitch must be installed or the trucker must drive around Confusion. Tanya owns a trucking company in the state of Denial. She wants to file suit against the state of Confusion to overturn the statute because it is unconstitutional. In ...view middle of the document...

The federal courts are often required to apply state law when dealing with these cases since the issues concern matters of state law. The fact that the parties are from different states and that the amount in question is high enough is what manages to get such cases into federal court (Anonymous, 2010).”
Cheeseman (2010) stated, “Statutes are written laws that establish certain courses of conduct that covered parties must adhere to. The U.S. Congress is empowered by the Commerce Clause and other provisions of the U.S Constitution to enact federal statutes to regulate foreign and interstate commerce.” The statute is indeed unconstitutional as it imposes a hardship and impermissible burden on the interstate commerce and is comparable to an import duty to drive through the state of Confusion which was prohibited with the adoption of the U.S. Constitution. The hitch is only manufacture by one company in the state of Confusion. It is obvious that the state is manipulating the system by making a profit from the companies having to purchase the hitch in order to travel through the state.
The Commerce Clause is an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". The Commerce Clause Power is often amplified by the Necessary and Proper Clause which states this Commerce Clause power, and all of the other enumerated powers, may be implemented by the power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." The Necessary and Proper Clause is the final clause of Article I, section 8. It must be noted, however,...

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