State of Confusion

This paper will address the issue of Tanya Trucker who owns a trucking company in the state of Denial and is planning on filing suit against the state of Confusion regarding the state statute requiring all trucks using their highway system to have a B-type truck hitch. This will put a financial demand on the trucking company since the hitch is only manufactured by one company in the country, which is in the state of Confusion. If the hitch is not installed the trucking company will be forced to either have it installed in the state of Confusion or the trucks will have to bypass the state. There are a few questions to answer and these will be addressed in the following paragraphs: 1) What court will have jurisdiction over Tanya’s suit? Why? 2) Is the Confusion statute constitutional? Discuss your legal reasoning. 3) What provisions of the U.S. Constitution will be applied by a court to determine the statute’s validity? 4) Is Tanya likely to prevail on her suit? Explain the reasons for your answer. 5) Set forth in detail the stages of a civil suit.
The first question to answer is what state Tanya will file suite in. The constitution, by the tenth amendment, gives the states the right to regulate intrastate commerce (this is referred to the Commerce clause). The constitution also gives Congress the right to regulate trade activities among states and with foreign countries and Indian Tribes. This state statue seems to be in violation of the Commerce Clause; the state of Confusion is trying to enforce a law that hinders trade. Tanya can file suite in the Federal Courts system in the state of Denial since this is a violation of the constitution.
The second question to answer is the statute constitutional? Given the facts that the state of Confusion has enacted a statute requiring all trucks us a B-type hitch, which is only manufactured in the state of Confusion, and the Federal Government has not enacted such a requirement the state of Confusion is trying to impose a... [continues]

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