State of Confusion
October 20, 2010
This paper will review and discuss a case involving a statute that the State of Confusion has enacted upon. This particular statute applies to all truck and towing trailers that use this state’s highways. Trucks and towing trailers are to have a B-type hitch installed on their units in order to access Confusion’s highways or face having to drive an alternate route around the state. If a trucking company fails to comply with this said statute in the state of Confusion, they can stand to face legal action. Although the federal government has not made an attempt to regulate this statute, Tanya Tucker is still faced with the ...view middle of the document...
The statute is unconstitutional because it forces truckers and towers to purchase the hitch solely from one manufacturer within the state of Confusion only. Anyone wishing to pass through this state, such as Tanya Tucker, is required to purchase this B-type hitch. The federal government has not made any type of effort to nationalize these types of hitches, therefore the FDC may force the state to relinquish the burden this statute forces on many truck and towing drivers. Based on the facts of the case, although this statute applies to those traveling within the state lines, it also applies to those out of state drivers that need to pass through Confusion as well. This law imposes an undue hardship amongst truckers and towers causing it to affect the free flow of trade that is protected by the Commerce Clause. The manufacturer that makes these B-type hitches are at risk of being a monopoly because they haven’t left any room for competition for other manufacturers to be able to make the same parts. This is another reason why this statute can be deemed unconstitutional.
By utilizing the Commerce Clause stated within the Constitution and with proof of its violation, Tanya Tucker can prevail in her lawsuit because trucking and towing companies are key components within the states that provide commerce. It is unconstitutional to force an undue hardship on anyone especially since the statute clearly restrains the Interstate Commerce Clause.
The steps that Tanya will need to take in order to file a civil suit are, first,...