State of Confusion Paper

1297 Words Feb 5th, 2012 6 Pages
Individual Assignment: State of Confusion Paper The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. This hitch is manufactured by only one manufacturer in Confusion. The result of this statute is that any trucker who wants to drive through Confusion must stop and have the new hitch installed, or drive around Confusion. The federal government has not made any attempt to regulate the truck hitches used on the nation’s highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business. She intends to file suit against Confusion to overturn the statute. …show more content…
131 (1986), the Supreme Court upheld a state statute prohibiting the import into the state of live baitfish, though it discriminated against out-of-state commerce, since there was a supervening state interest in preventing the introduction into Maine waters of new parasites and non-native fish species, adversely affecting its ecosystems, coupled with the absence of any non-discriminatory alternatives.
In So. Pacific Co. v Arizona, 325 U. S. 761 (1945), a state law prohibiting trains from the crossing the state if there were more than 70 freight cars, to prevent accidents, was found to be violative of the Commerce Clause, although it treated in-state and out-of-state commerce equally, since in effect the law burdened inter-state commerce due to the difficulties to be faced by the train by adhering to the state-law.
In the given facts the State of Confusion has enacted a statute prescribing all the trucks and towing trailers using its highways, to use a B-type truck hitch, manufactured by only one manufacturer in Confusion. Though the federal government has not enacted any law to regulate the truck hitches used on national highways, it cannot be inferred therefrom that the states, thus, had the legislative competence to enact such a law having the effect of adversely affecting interstate trade. In the given facts, though the statute applies to in-state as well as out-of-state trucks, the law imposes undue hardship and expense upon trucks and towing trailers by its

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