Week 2

Running head: STATE OF CONFUSION PAPER

State of Confusion Paper

Lezli Nicole Musquiz

BUS/415 - BUSINESS LAW

Instructor: PATRICE CARRINGTON

State of Confusion Paper

The state of Confusion has enacted currently a statute a requirement for all trucks and towing trailers to use a B-type hitch. Tanya Trucker is planning to file suit against the state of Confusion to overturn this statute; because her drivers could be penalized financially for adjusting their trucks every time the driver would travel through Confusion. The intended lawsuit against the state of Confusion by Tanya has a few clarifications that must be answered to have a clear understanding of the possible lawsuit. Tanya must know all aspects of the lawsuit in the purpose of processing an appealing case in the jurisdiction of the federal court.

Is the Confusion statute constitutional and U.S Constitution provisions applied by a court?

Tanya’s proposed lawsuit is an unconstitutional restraint on commerce as between states, due to the fact that the “hitch” is required in one state and not required in the 49 other states. Because this special type of “hitch” can operate in the other states, Tanya’s case will be a type of legislation that will only be in effect with the federal government. Another option would be to file a violation of the commerce clause of the U.S. Constitution. The Commerce Clause is an enumerated power listed in the United States Constitution (Article I, Section 8, and Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". (Article I, Section 8, and Clause 3) (Law Revision Counsel of the U.S. House of Representatives, 2004) The Commerce clause power is argued by the Necessary and Proper Clause, which mentions “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this...