State of Confusion

State of Confusion

Wes Herode

August 24, 2010

University of Phoenix

BUS 415

State of Confusion

The state of Confusion has recently enacted a statute that effects several different parties. Confusion stands to benefit from a stimulated economy in the scenario set forth. However, trucking company owners like Tanya Trucker will obviously be effected negatively. Without the new B-type hitch, her drivers will either have to stop and have the hitch installed, or drive around the state of Confusion. No matter the case, Tanya is losing time and money because of the statute set forth by Confusion. Clearly, there is a conflict here that requires attention. These changes effect interstate commerce, which is overseen by Congress. Since Tanya has decided to file suit against the state of Confusion, she will need to understand several things, including what the United States Constitution says about the situation. Tanya's suit will be heard and upheld because the statute set forth by the state of Confusion has conflicted with the United States Constitution.

The real conflict in this case is the conflict between state and federal regulation of commerce. The state of Confusion has attempted to regulate commerce within their borders, but has failed to consider the effect that it will have on other states. This is precisely why Congress has the power to regulate commerce between states. In order for Tanya to file suit against the state of Confusion, she will need to file in federal court for an unconstitutional restraint on trade. Quite simply, the recently enacted statute is null in void because it violates two parts of the constitution; the Commerce Clause and the Supremacy Clause.

The Supremacy Clause of the United States Constitution states that the federal Constitution, treaties, federal laws, and federal regulations are the supreme law of the land. State statutes that violate this clause are, therefore, unconstitutional (Cheeseman, 2010). The interesting thing...