State of Confusion Paper
University of Phoenix
State of Confusion Paper
Tanya Trucker is an owner of a trucking company in the state of Denial, and some of her truck drivers need to go through state of Confusion. Tanya Trucker is upset about the fact of every time her trucks need to go through the state of Confusion they need to be equipped with a specific trailer hitch, which is made only in the state of Confusion. Tanya Trucker is frustrated because of the fact the Federal government has not been involved so far in regard to the state of Confusion obligating truckers to buy the required hitch or go around in which may cost more money than purchasing the required hitch. Why ...view middle of the document...
State Legislatures make up the statutes and often delegate lawmaking authority to the local government bodies, including cities and municipalities, counties, school districts, water districts, and such. “The governmental units are empowered to adopt ordinances” (H. Cheeseman p. 12). Ordinances are also considered codified laws which include state traffic laws. In turn the state ordinance may need to require all trucks to use this specific hitch. However, I believe that the required hitch all trucks need to go through the state of Confusion should not only be available in the state of Confusion but have it available in other States. Not to think on the negative side of corruption, but why is this a statute who is getting rich on this notion of truckers being put in a bad situation to either be forced to purchase the new hitch or go around the state. Who knows how long that could take, fuel consumption, on time scheduled deliveries, etc. Again to restate an argument not present in the original question but nothing justifies this specific hitch to be safer or more secure or easier to use than the standard hitch that can be purchased anywhere.
The provisions of the United States Constitution will be applied by the court to determine the statutes validity by the Due Process. Due process protects the individual person like Tanya Trucker against the government and ensuring that the government must respect all of the legal rights according to the law. The category that Due Process falls under is Substantive law only because this is an ordinance by the state to have this special hitch requirement. The “Substantive law defines rights and duties as opposed to giving the rules by which rights and duties are established”.
Although the special hitch required by the state of Confusion is only required when driving through the state of Confusion. With the thought of the state of Confusion only requiring the specific hitch what justifies this to be a more secure hitch for trucks to use, even if this is one of Tanya’s arguments in addition to the other questions. Why do trucks have to purchase this hitch to drive through this state? My personal opinion, I believe Tanya will prevail on her suit because of unconstitutional restraint on commerce between states and that the state of Confusion has created an unconstitutional monopoly against other states. Another reason Tanya Trucker may prevail on her lawsuit is that the state of Confusion has not justify the statute of a reasonable and rational source that truck drivers are required to have the specific type of hitch and that legislation is...