State of Confusion Paper

State of Confusion

Elise Johnson

BUS/415

March 20, 2012

Kathryn Harris

State of Confusion

The Commerce Clause by its own force divests states of the power to regulate commerce in certain ways, but the states and Congress retain concurrent power to regulate commerce in many other ways. The State of Confusion statute challenges the limitations the Commerce Clause places on states. The Confusion statute imposes an undue burden on interstate commerce and thus violates the commerce clause of the US Constitution, Article 1 Section 8: Clause 3. The Congress shall have Power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

What Court Will Have Jurisdiction over Tanya’s Suit? Why?

In this case, the federal court district will have jurisdiction over Tanya’s suit because the case presents a federal question. The Lectric Law Library states that, “The federal courts also may decide cases for which state courts are inappropriate or might be suspected of partiality. Thus, federal courts may decide, in the language of the Constitution, controversies between two or more states and between a State and Citizen of another State (Lectric Law Library, 1995-2012). Although, this is a state statute, the federal jurisdiction can still decide if it is a valid case or not.

Is the Confusion Statute Constitutional?

Although states are at liberty to set their own statutes, some of those statues are cause for concern and have to be investigated by higher courts. In this case, it is argued that the Confusion Statute is designed to gain profit from trucks that have to drive through the state, rather than using it to create safer roadways for the people. Therefore, it is unconstitutional.

* What Provisions of the U.S. Constitution Will Be Applied to Determine Validity?

The Commerce Clause determines whether a federal statute is constitutional, and incorporated them into a new standard...