State of Confusion Paper
Robert Cummings
Business/415
August 29, 2011
Audrey Myer
State of Confusion Paper
The state of Confusion requires that trucks pulling trailers must have a Type B hitch installed on the truck to commute legally through the state. The newly enacted statute states that drivers of these trucks must abide by the law or simply drive around the state of Confusion. Unfortunately, Tanya Trucker, a business owner, believes this statute is not legal and intends to file suit as the hitch required is an additional business expense and a burden to her business operations. The topics in this paper will encompass what laws, if any, are under question and which legal avenue Tanya Trucker and her company have to pursue. Furthermore, this paper will display which court will have jurisdiction, if Tanya Trucker will prevail, and identify the stages of a civil suit.
Constitutionality of the Confusion Statute
The case provided directly relates to the federal Interstate Commerce Clause of the United States Constitution. The clause states that the “federal government has the right to regulate commerce within foreign Nations, several States, and Indian Tribes” (Lawnix, n.d.). The statute in the state of Confusion is attempting to regulate commerce by imposing a law that requires truckers to install a Type B hitch therefore can be found unconstitutional. Interstate Commerce allows business transactions through trafficking to cross state lines that should not be prohibited or regulated heavily by state laws. In the event the state of Confusion wished to impose such a statute and require only in-state organizations install a Type B hitch, this would not be considered unconstitutional or even reach federal...