Essay Business Basic

1358 Words Jul 27th, 2012 6 Pages
In this scenario, the state of Confusion passed a law that requires all trucks and towing trailers that use Confusion highways to use a B-type truck hitch. The hitch is made by one company in Confusion, and any trucker who wants to drive through the state of Confusion has to stop and have the B-type hitch installed or they would have to 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 trucking company contends that the additional expense this statute imposes on her business is unnecessary and frivolous. She intends to file suit against Confusion to overturn the statute. * Before Tanya files her law suit she needs some questions …show more content…
al. v Consolidated Freightways Corporation of Delaware, 450 US 662 (1981), the Supreme Court found that the prohibition of tandem trailers by the state of Ohio on interstate highways within its borders was in violation of the Commerce Clause. The Commerce Clause grants the federal government authority to regulate interstate commerce. Interstate commerce by definition is commerce that moves between states or that affects commerce between states. * In my opinion, I believe it would be a wise decision that Tanya prevail on her claim that this statute is un-constitutional. Any truck that passes through the State of Confusion would be burdened by the hardship of getting a B-type hitch installed. Furthermore these hitches are only manufactured by one company that produces them and this company also lies within the State of Confusion. This hardship would restrict the free flow of inter-state trade and violate the statute. Trucks would either have to expend time, money and energy to have the hitches installed or simply choose to not travel through the State of Confusion, both alternatives would impose hardships. * The Commerce Clause was enacted to guarantee the free flow of trade among the states and not allow states to place restraints that would impede this flow. The federal courts would have regulation since the business of trucking is national and should have uniform regulation. Although the state of confusion may feel the matter is local

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