Business Law

State of Confusion

In this paper, I will determine whether the State of Confision has acted unconstitutional by enacting a law requiring all truck and towing trailer that travel through Confusion be required to use a B-type truck hitch. the State of Confusion is the only state to manufacture the hitch. As a result anyone driving through the State must have a new hitch installed inorder to drive in and through Confusion or drive around the State. As it stands, the federal government has not done anything to change the laws in Confusion. Tanya Trucker who owns a trucking company in the State of Denial, is angered by the additional expenses she and her trucking company has incurred and because her company is losing money due to the laws in the State of Confusion. Tanya intends to file a suit against the State of Confusion to have to hitch laws overturned.

It is my belief that Tanya could file suit in the state court and federal district court. The difference between the two is that state court has the power to determine if a state statute is unconstitutional but because this involves the commerce clause of the federal constitution, the federal courts are the final word on determination of the impact of the federal constitution. Tanya may also run into the problem of the state courts having a bias against the suit in order to uphold state laws. Should Tanya file in federal court and the law is overturned, the only step left would be the U.S Supreme Court but in state court, the laws could be overturned at the District and Circuit Court levels.

Unconstitutional Statute

This in an unconstitutional statue due to the restraint on commerce as stated in the State of Confusion. The state requires a special type of "hitch" to be used or trucks can't operate within the state although legal in all other states. The Commerce Clause is currently dormant in the State of Confusion because the federal government has not made an effort to change the law, and change it so that it...