State of Confusion

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Words: 961

Pages: 4

Category: Business and Industry

Date Submitted: 09/03/2012 04:47 PM

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In order for Tonya to start to file a suit against the state of Confusion, she needs to file in the Federal District Court of her home state, Denial. There is only one court that has the authority to oversee the trade between states, and that is Congress. This right has been given to them in the Constitution, specifically the tenth Amendment. In her suit, she needs to press that what the state of Confusion is trying to do is an unconstitutional restraint on interstate trade or a violation of the Commerce Clause of the Constitution.

The Commerce Clause is an enumerated power listed in the Constitution that states that the United States Congress has the power to regulate Commerce between states, foreign nations, and among Indian Tribes. Therefore, this is the court that Tonya needs to present her case to in order to follow the rules of jurisdiction and possibly win her suit. This suit may only reach to the Commerce level being that suits are rated by importance and very rarely seen in front of Congress themselves.

The statute that the state of Confusion is trying to enforce would be considered unconstitutional. The reason this is unconstitutional is that there is no federal laws regulating truck hitches used on national highways. This particular hitch is only manufactured in the state of Confusion means that there is a limited amount of competition for the hitch. The fact is, Tonya Trucker can avoid ding any business with the state of Confusion, which would affect the trade of the entire state. However, when Tonya needed to go through the state of Confusion to get to another state, and this is where her claim has validation. They cannot make anyone use one manufacturer in the state of Confusion to purchase the hitches if someone was just passing through. There needs to be a variety of manufacturers in order to make it constitutional. Trucking companies are held to higher standards so that they can pass from state to state with ease and obey all the laws of each...