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State of Confusion

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State of Confusion Paper
This paper will cover a law suit that Tanya Trucker is bringing to the State of Confusion court system. Tanya lives in the State of Denial. The state of Confusion has enacted a statute requiring all trucks and towing trailers who use its highways to use a B-type truck hitch. Tanya, who owns a trucking company, is concerned with the cost of changing her towing hitches will adversely affect her business. Before Tanya files the law suit certain questions have to be asked and answered. These questions are which court will have jurisdiction over this case, is the statue constitutional, what provisions of the U.S. Constitution will be applied by the courts to determine the statue’s validity, and finally the steps to filing a civil suit.
What Court will have Jurisdiction of Tanya’s Suit?
Tanya Trucker’s residence is in the state of Denial and she wants to file a law suit against the state of Confusion. Therefore, the federal court will have jurisdiction over this case. “A case may be brought in federal court if there is diversity of citizenship” (Cheeseman, 2010, p. 12). Tanya Trucker can file a law suit in the federal court for violating the commerce clause of the constitution. The constitution says that the interstate commerce commission can pass laws to regulate the transportation of goods between states.
Is the Confusion Statue constitutional?
The statute that the State of Confusion passed is not constitutional. The interstate commerce clause shows this in Article I, Section 9. “No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to, or from, on state, be obligated to enter, clear, or pay duties in another”. (Cheeseman, 2010, p. 87) This clearly says that it is illegal for the State of Confusion to levy fines for not having a special towing hitch.

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