State of Confusion

State of Confusion

Zelda Anderson

BUS/415

February 28, 2012

Michele Riley

State of Confusion

There are many sources of law to regulate how individuals, organizations and businesses operate in and outside of the United States. According to Cheesesman, H, 2010 pg.3, “the United States’ legal system is one of the most comprehensive, fair, and democratic system of law ever developed and enforced.” In this case scenario the state of Confusion has enacted a statute requiring all trucks and towing trailers that use its highways to install a B-type hitch. However, Tanya Trucker, a truck company owner in the state of Denial, is not happy with this extra expense on her business. Tanya wants to file suit against the state of Confusion to overturn this statute.

The Federal court will have jurisdiction over Tanya’s suit. Federal court will have jurisdiction because federal courts hear cases for where there might be a form of bias and they can use the language of the constitution to decide whether the state of Confusion statute is unconstitutional. The statute is unconstitutional because it states that these hitches have to be used to drive through Confusion or go around it, meaning that they are the only state requiring this B-Type truck hitch. The state did not say that the hitches were safer to use or it will protect the community’s health and welfare. “States may enact laws that protect or promote the public health, safety, morals, and general welfare, as long as the law does not unduly burden interstate commerce.” (Cheeseman, H, 2010 pg.73.)

There are two provisions of the U.S. Constitution that will be applied to determine the statutes validity. The first is the Commercial Clause. Article 1, Section 8, clause 3, “grants Congress the power to regulate commerce with foreign nations, and among several states, and with Indian Tribes.” (Cheeseman, H, 2010, pg.71.) This clause gives the federal government the power to regulate commerce....