Tanya Trucker and the State of Confusion
Essay Preview: Tanya Trucker and the State of Confusion
Report this essay
Tanya Trucker and the State of Confusion
Natasha E. Bashlor
University of Phoenix
BUS/415
August 22, 2011
Tanya Trucker and the State of Confusion
The state of confusion says that all trucks or trailers that will be on the highways of confusion must have a B-type hitch. This raises several issues with truckers because this type of hitch is only sold in the state of Confusion, and they will only need it for passing through Confusion. There has not been any regulation by the Federal government to enforce this law nationwide. Trucking companies are being pushed into having to purchase and have installed the B-type hitch or use more gas to take a detour all the way around Confusion. Tanya Truckers trucking company is very disturbed with this because it is going to end up costing her company more expenses that are unnecessary. With the way things are in the economy, one cannot afford any unnecessary costs at any expense. So, Tanya Trucker Company is planning on filing a law suit against the state of Confusion for their unfair actions to her company and trucking companies all over the nation. The idea is to overturn the statute.
Which court should have jurisdiction over the case, state or federal? “State courts hold concurrent jurisdiction with the federal courts to hear cases that involve the diversity of citizenship and federal questions”. (Henry R. Cheeseman, 2010) This particular suit will have federal jurisdiction because it does in fact ask a federal question, which is whether or not this suit is in violation of the Commerce Clause of the U. S. Constitutional. The Federal government has the authority to regulate interstate commerce through the Commerce Clause.
Is the Confusion statute constitutional? No, it is not constitutional because this is not a statute passed by the federal government, nor has the government attempted to regulate the B-type hitch to be used on our national highways. This law was made up and put to use in only the state of Confusion.
What provisions of the U. S. Constitution will be applied to determine the statutes validity? The Commerce clause is Article I Section 8 Clause 3 of the U. S. Constitution. This clause allows Congress to regulate commerce with other nations, between several states, and also with Indian tribes. Also, Article IV of the Constitution states the limits for law-making powers for individual states. Both articles should be applied to the determining the statutes validity.
There are several outcomes possible in this suit. For one, the state statute could be considered to be invalid because of particular Articles in the U. S. Constitution. And also