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State Of Confusion Essay

1027 words - 5 pages

Tanya v. the state of Confusion
Tanya Trucker v. the state of Confusion is the case about a statute requiring all trucks and towing trailers that utilize the highways of the state of Confusion to have a B-type truck hitch. The lawsuit takes place because Tanya Trucker, a trucking company owner and a citizen of the state of Denial as well, finds it unfair for her to pay for the additional expenses for installing the particular type truck hitch that is only manufactured in the state of Confusion.  The case is taking into consideration of what court will have the jurisdiction over Tanya’s suit and the reasons. Whether the Confusion statute is constitutional or not is also a big question ...view middle of the document...

  Additionally, federal government has the authority to regulate interstate commerce. In this case, the congress and federal government do not have their presence to regulate the Confusion Statute. Under the Supremacy Clause, state and local laws are unconstitutional if they conflict with valid federal laws. In this case, preemption doctrine is not coming into play because there is no valid federal law that takes precedence over state or local law regulated the truck hitches used on the nation’s highways.  In addition, under the effect on interstate commerce test, the Confusion statute is theoretically subject to a test for substantial economic effect on interstate commerce. As there is only one company in the state of Confusion that manufactures the B-type truck hitch, it is easy to see the supply and demand for this particular product will not have the substantial amount of business activity in the United States economy. Moreover, according to the Dormant Commerce Clause, since the federal government has chosen not to regulate the utility of that particular truck hitch, the state of Confusion can enact the statute to pursuit its policy power.
The provisions of the Constitution of the United Sates that are applied by a court to determine the statute’s validity
According to the United States Constitution (Article I, section 8,) (Cheeseman, 2010), the Congress shall have power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” However, in the case United States v. Alfonso Lopez, 514 U.S. 549 (1995) ("Find Law For Legal Professionals",) the new deal was used as the supreme laws to limit Congress’ power under the commerce law of the United States Constitution. In addition, in the Bill of Rights, the 10th Amendment (Cheeseman, 2010), stated, “the powers not delegated to the United States by constitutions, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Consequently, although Tanya Trucker who resides at the State of Denial has a hardship for her additional expenses to conduct business in the State of Confusion, the Confusion statute is...

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