Tort

The law that Tanya Tucker is trying to overturn is a statute that has been created by the state of Confusion. The federal government at this time does not have any regulations about truck hitches on nation’s highways. The state of Confusion has taken it upon itself to create a law in which trucks passing through its town will have to purchase a special truck hitch. Tanya Tucker is from the state of Denial and her trucking company has to pass through Confusion and she believes that the extra expense for the trailer hitch is not reasonable and has decided to file suit. The federal courts will have jurisdiction over Tonya’s suit because it involves a federal question statue of the United States Constitution. The federal question in the case would involve the Commerce Clause. The Commerce Clause grants Congress the power “to regulate commerce with foreign nations, and among the several states, and with Indian tribes” (Cheeeseman, 2010 p. 71).

Interstate commerce is commerce that moves between states or that affects commerce between states. The commerce clause grants the federal government the authority to regulate interstate commerce” (Cheeseman, 2010 p.73). The state of Confusion does have police power under the Commerce Clause of interstate commerce. Within the borders of Confusion the state has the power to enact laws to protect promote the public health, safety, morals, and general welfare, and the power to enact laws that regulate the conduct of businesses (Cheeseman, 2010). The statue that the state of Confusion has enacted for the requirement of the B-type trailer hitches unduly burden interstate commerce. The requirement to purchase the trailer hitches imposes a burden as it similar to an import duty for a business driving through the state. With the fact that this state law provides a burden to state to state commerce it should be deemed unconstitutional.

Cheeseman, H. (2010). The Legal Environment of Business and Online Commerce, 6e. Pearson...