Business Law 415 Week Two State of Confusion Memorandum

State of Confusion Memo

State of Confusion Memorandum

To: Mrs. Pierre

From: Mrs. Young

Date: February 23, 2012

RE: Tanya Trucker versus State of Confusion

Issue: What are the federal guidelines when a state employs a statute requiring manitory installations of B-type hitches for trucks and towing trailers using its highways?

Discussion

The state of Confusion has a statute requiring all trucks and towing trailers traveling its highways to use a B-type truck hitch. The ruling declares any hauler driving through Confusion must have the new hitch installed or drive around Confusion. Only one manufacturer in Confusion fabricates this hitch. The truck hitches is not standardize through the federal government on the nation’s highways. Tanya Trucker owns a trucking company from the state of Denial and use Confusion’s highway for commerce functions. The statute imposes an additional expense on her business therefore she intends to file suit against Confusion to overturn the statute.

The U.S. Federal District Court has jurisdiction resolving this case. Tanya Trucker can sue in federal court for a declaratory judgment that the state regulations violate the Commerce Clause and are invalid imposing an undue burden on interstate commerce. “A case may be brought in federal court if there is diversity in citizenship” (Cheeseman, "Chapter 5 Constitutional law for Business & Ecommerce page 71," 2010). The commerce clause grants the federal government the authority to regulate interstate commerce. The interstate commerce can adjust laws that govern the behaviors business inflict on patrons using freeways for trade and other purposes.