Submitted by: Submitted by becca471964
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Words: 364
Pages: 2
Category: Business and Industry
Date Submitted: 03/21/2011 09:01 PM
State of Confusion Paper
Rebecca Humbard
BUS/415
March 24 2010
Steven Lee
State of Confusion Paper
In this scenario, the state of confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute. In this paper, questions will be answered in regards to what court has jurisdiction and whether the confusion statute is constitutional. What provisions of the U.S. Constitution are applied and is Tanya likely to prevail on her suit as well as the stages of a civil suit.
What court will have jurisdiction over Tanya’s suit? Why?
The court that has jurisdiction over Tanya’s suit is the federal court. The federal court will have jurisdiction over Tanya’s suit because “the commerce clause is a provision of the U.S. Constitution which grants Congress the power to regulate commerce with foreign nations, and among the several states, and Indian tribes.” (Cheeseman, 2010 p.71). The Commerce Clause authorizes Congress to regulate commerce in order to foster the development of a national market and free trade among the states. This ensures that the flow of interstate commerce is free from local restraints imposed by various states.
Is the Confusion statute constitutional? Discuss your legal reasoning.
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