State of Confusion

Tanya is the owner of a trucking company in the state of Denial.   The state of Confusion has made a statue that requires all the trucks that go through the state of Confusion to have installed a B-type truck hitch.   This requirement is a big finical cost to Tanya Trucker’s truck company.   Without the B-type hitches installed on the company’s trucks Tanya’s company would have to go around the State of Confusion, which cannot only cost the company money but undue traveling time. Only one manufacturer makes the B-type truck hitch and that manufacture is in the state of Confusion.   For Tanya Trucker to obtain the hitches on the company’s trucks, the trucks must be driven through the State of Confusion
Tanya Trucker is a resident of the state of Denial Tanya Trucker is filing a lawsuit against the state of Confusion. The federal court will have jurisdiction over this case. “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 “Cheeseman, 2010, p. 73). Due to the fact that Tanya Trucker’s company is in the state of Denial this would cause a diversity of citizenship.   “Diversity of citizenship occurs if a lawsuit involves citizens of different state” (p. 41, 2010) “Diversity of citizenship is used to bring or maintain a lawsuit in federal court when the subject matter of the lawsuit involves a nonfederal question “(p. 41, 2010).   In order for the federal court to hear the case the controversy must exceed the $75,000 mark.   However, the state of Confusion can try and get the case tried in its state if it can prove that the state would not get a fair hearing in the state of Denial.
It does not seem that the statue of the state of Confusion is constitutional. Per the... [continues]

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