State Of Confusion Paper

1505 words - 7 pages

State Of Confusion Paper
State of Confusion Paper
This paper will be reviewing the case brought upon the state of Confusion by Tanya Trucker, who owns a trucking company in the state of Denial. The state of Confusion has enacted a statute requiring all trucks and towing trailers who use its highways to use a B-type truck hitch. The problem is that Tanya Trucker would have to purchase these hitches to go through this one state or go around the state of Confusion.
What Court will have Jurisdiction of Tanya’s Suit?
Tanya Trucker resides in the state of Denial and she is placing suit against the state of Confusion. Therefore, the federal court will have jurisdiction over this case. Cheeseman ...view middle of the document...

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The Commerce Clause gives the federal government the authority to regulate interstate
commerce.Originally, the courts interpreted this clause to mean that the federal government
could only regulate commerce that moved in interstate commerce. The modern
rule, however, allows the federal government to regulate activities that affect interstate
commerce.
Under the effects on interstate commerce test, the regulated activity does not itself
have to be in interstate commerce. Thus, any local (intrastate) activity that has an effect on
interstate commerce is subject to federal regulation. Theoretically, this test subjects a substantial
amount of business activity in the United States to federal regulation.
Example In the famous case Wickard, Secretary of Agriculture v. Filburn8 decided by
the U.S. Supreme Court in 1942, a federal statute enacted by Congress limited the
amount of wheat that a farmer could plant and harvest for home consumption.
Filburn, a farmer, violated the federal statute. The accused farmer argued that the federal
statute did not involve interstate commerce and that the statute was therefore
unconstitutional. The U.S. Supreme Court upheld the federal statute, on the grounds
that it involved interstate commerce because the statute was designed to prevent
nationwide surpluses and shortages of wheat during the Depression. The Court reasoned
that wheat grown for home consumption would affect the supply of wheat available
in interstate commerce.
State and Local Laws Cannot Unduly Burden Interstate Commerce The states did not delegate
all power to regulate business to the federal government. They retained the power to regulate
intrastate commerce and much interstate business activity that occurs within their borders.
This is commonly referred to as states’ police power. Police power permits states
(and, by delegation, local governments) to enact laws to protect or promote the public
health, safety, morals, and general welfare. This includes the authority to enact laws that
regulate the conduct of business.
Examples Zoning ordinances, state environmental laws, and property laws are enacted
under state police power. State and local laws cannot unduly burden interstate commerce.
If they do, they are unconstitutional because they violate the Commerce Clause.
Dormant Commerce Clause If the federal government has chosen not to regulate an area
that it has the power to regulate under its Commerce Clause powers, that area of commerce
is considered a dormant Commerce Clause power. A state, under its police power,
can enact laws to regulate that area of commerce.
Example Although the federal government has the Commerce Clause power to enact
a federal statute that creates and regulates private corporations, the federal government
has not enacted a federal corporations code to do so. This is an example of a
dormant Commerce Clause. Each state, pursuant to its police power, has enacted a state
corporations code...

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