State of Confusion - Jurisdiction of Tanya Trucker Suit

State of Confusion

The state of Confusion passed a statute that requires all trucks with towing trailers must use a B-type hitch while driving on state highways. "Statutes are written laws that establish certain courses of conduct that covered parties must adhere to" (Cheeseman, 2010, p. 12). The state of Confusion also is the only manufacturer of the B-type hitch and is the only one authorized to install the hitch. The attitude of Confusion can be classified as dominating, drivers must install the B-type hitch install or used alternate routes. Tanya Tucker is a resident of the state of Denial and happens to own a trucking company. Tanya is not to happy with Confusion statute because whether if she installs the B-type hitch or goes around the state of Confusion she would have additional expenses by purchasing the equipment or by using more fuel to go around Confusion. Tanya is committed to fight Confusion's statute by filling a lawsuit to prove that the statute is unconstitutional. Tanya must first find an attorney willing to take her case and gather the money to pay for his services so the attorney can start the steps of the civil case. Some considerations need to be addressed before filling The lawsuit such as which court will have jurisdiction, how is the Confusion statute unconstitutional, and finally, what provisions of the U.S. Constitution will be applied by the court to determine the statute validity.

Jurisdiction of Tanya Suit

Tanya Trucker is a resident of the state of denial, and she is filling a suit against the state of Confusion for their B-type hitch statute. In this case, the lawsuit is by an out of state independent business owner against the state of Confusion initiated such law, the court that can more appropriately have jurisdiction will be the federal U.S. district court to see if confusion violated the Commerce Clause of the Constitution. "The Commerce Clause of the U.S. Constitution grants Congress the power "to regulate commerce with foreign nations, and among the several states, and with Indian tribes" (Cheeseman, 2010, p. 71). The reason that this court is appropriate for the lawsuit because Confusion passed the statute requiring all trucks must use the B-type hitch when driving in their highways. Bringing the lawsuit at a state level would be very hard for Tanya and her attorney to influence and make the state bulge or retract their own law

Is the Statute Constitutional

According to the Commerce Clause the statute that Confusion implemented that trucks and trailers are required to use a B-type truck hitch is unconstitutional because, "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, one State, be obliged to enter, clear, or pay Duties in another" (Cheeseman, 2010, p. 87). Although