State of Confusion Paper

State of Confusion Paper

BUS415

State of Confusion Paper

Tanya Trucker is a business owner in the state of Denial. She has trucks that need to drive to other states via the state of Confusion, a state that requires special hitches. The hitches that Confusion requires to pass through are only available by one company in Confusion. Tanya believes that it is unconstitutional for Confusion to require these hitches on her trucks for her to drive through the state and conduct business in a bordering state. There are routes to go around Confusion but Tanya wants to drive through and not have to pay and have the hitches installed.

What Court Will Have Jurisdiction over Tanya's Suit

The state of Confusion is the state that will have jurisdiction of Tanya's suit. The state of Confusion is the state where the statute is held as well as that Confusion is the only state that has a company to install the hitch required by the statute. The location of Tanya's business in the state of Denial has no bearing on the jurisdiction of the case. Tanya has a problem with Confusion and the statute stating her trucks cannot drive through without installing a hitch.

Is the Confusion Statute Constitutional

In the state of Confusion, any truck that wishes to drive on the states roads must have a B-type hitch installed. These hitches are only available in the state of Confusion. According to the statute in Confusion, Tanya must install the B-type hitch to all her trucks. This is not unconstitutional. Although the federal government has not attempted to mandate hitches on trucks driving on national highways, the federal government still has the authority, not the state or local governments. According Cheesman (2010), "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" (p 73, Para 3). However, the state of Confusion does have the authority to make laws pertaining to highway system within its borders.

Because of the dormant commerce clause, which states if the federal government is not regulating something involved in interstate commerce, the state itself may use their "police power" to create laws and statutes. Because the federal government is has not been regulating the hitches on trucks driving on national highways, the state of Confusion has taken the liberty to create their own statute requiring trucks to have a specific hitch in place when driving through the state.

What Provisions of the U.S. Constitution Will Be Applied by a Court to Determine the Statute's Validity

Although Confusion has created a statute refusing to allow trucks without a B-type hitch to drive through the state, the statute is causing issues with interstate commerce. The statute would not be an issue if the hitch were available for installation anywhere. The fact is, only one company in Confusion manufactures the B-type hitch. Confusion is causing unduly burden to interstate commerce with the statute. Tanya needs to travel in and through Confusion to operate her business. Tanya can either purchase the special hitch for all her trucks and drive through Confusion or drive around Confusion. Either choice will add additional expenses to her business. Purchasing the hitches will be costly; however, driving around will increase fuel costs and the time it takes her trucks to arrive at appropriate destination.

According to Cheesman (2010), "The powers not delegated to the United States by the

Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"