The Commerce Clause (Article 1, Section 8, Clause 3) of the Constitution gives exclusive power to Congress to regulate commerce between the United States and foreign nations, the States within the union, and the Native American Tribes. According to West’s Encyclopedia of American Law, “The Commerce Clause authorizes Congress to regulate commerce in order to ensure that the flow of interstate commerce is free from local restraints imposed by various states.” (Phelps & Lehman, 2005, v.3, p.2) Because of this, Congress has the power to create legislation over interstate commerce, but it must first prove a legitimate reason for imposing the regulation. Case
In the case in question, the State of Confusion has enacted a law requiring trucks to use a specific type of trailer hitch, B-type. Furthermore, the B-type hitch is only manufactured in Confusion. In order for truckers not already equipped with a B-type hitch to pass through Confusion they must stop and purchase one in Confusion or drive around the state entirely. As a result, truckers are unnecessarily burdened by added expenses and wait-time that can mean a loss of profits for their business. Tanya Trucker, owner of a trucking company in the State of Denial, is seeking to file a lawsuit to overturn the statute. Because Trucker is challenging the constitutionality of Confusion’s state law her case would be brought before the federal trial court of general jurisdiction. Federal courts have jurisdiction over all matters that pertain to the Constitution. This court would be the U.S. District Court in which Trucker’s home state of Denial falls within its geographical area of authority. Also, because the statute in question affects interstate commerce, and therefore has a national interest, Congress has exclusive control to enact a uniform regulation. The determination of whether or not this statute poses a national or state interest would fall to the courts. This determination would...
References: Cheeseman, H. (2010). The Legal Environment of Business and Online Commerce (6th ed.). Upper Saddle River, NJ: Prentice Hall.
Phelps, S., & Lehman, J. (2005). West 's Encyclopedia of American Law (2nd ed.). Detroit, MI: Gale.
U.S. Supreme Court. (1945). Southern Pacific Co. v. Arizona (325 U.S. 761, 65 S. Ct. 1515, 89 L. Ed. 1915)
Please join StudyMode to read the full document