Bus 415 Tanya Trucker and the State of Confusion

Tanya Trucker and The State of Confusion

Tanya Trucker has brought into question the legality of the legislation regarding a special trailer hitch required by the State of Confusion. The requirement for this specialized hitch is not based on any existing Federal Regulation, and exists solely in Confusion. The specialized hitch requirement causes additional expense for truckers, and hampers their ability to do business in Confusion. This is a matter of unconstitutional limit on Tanya's business (U.S. Const. Art 1, § 8, cl. 3). Last, Tonya Trucker does not reside in the State of Confusion.

Jurisdiction for this matter belongs in Federal District Court. Constitutional law says "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States" (U.S. Const. Art 1, § 8, cl.3).

Congress uses Article 1, section 8, Clause 3 as a basis for legislative power over the activities of states, especially in matters of commerce and trade (U.S. Const. Art 1, § 8, cl. 3). Because the Federal Government does not require the specialized hitch in any or all states, Confusion does not have authority to create a legislation requiring the hitch.

Further, U.S. Constitution, Article 1, Section 8, Clause 18 may apply in this matter. This clause says the Congress shall have Power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof (U.S. Const. Art 1, § 8, cl.18). This clause expands the power of Congress to regulate internal commerce of the states, or any one state. In the matter of the specialized hitch, Confusion has violated the clause by requiring something only the Federal Government holds the authority to require.

Last, Tonya Trucker resides outside the State of Confusion and this diversity of citizenship, gives the U.S. District Court jurisdiction over the case.

As a matter of opinion, Tanya Trucker will almost certainly prevail in this test of the validity of the State of Confusion's legislation requiring all truckers to use a specialized trailer hitch. The matter will be heard in Federal Court, not the Superior Court of Confusion because based on the facts outlines in the above paragraphs, the legislation is unconstitutional. It imposes a limit or restraint on all truckers who need to traverse Confusion's highways to do their business between other states and Confusion, and within Confusion. Based on constitutional law, only the Federal Government law should impose this legislation (U.S. Const. Art 1, § 8, cl. and U.S. Const. Art 1, § 8, cl. 18). Finally, Tanya Trucker will prevail because Confusion has no reasonable