State of Confusion

The United States Constitution of America is the supreme law of the land. Laws or statutes enacted that conflict with the United States Constitution are unconstitutional. The structure established by the Constitution, such as the Congress, the President, and the Judicial Branch each have specific powers and not one of government branches has total power. It is because of the Constitution and branches of government that a person can bring forth a case to settle when the law appears to be compromised. In the case of The State of Confusion, a statute has been enacted that requires a certain type of B-type trailer hitch on every truck towing a trailer be installed if passing through the State. The only company that manufactures the type B trailer hitch is in the State of Confusion. Tonya Trucker who owns and operates a trucking company out of the State of Denial intends to file suit against the State of Confusion citing she believes this statute is causing unfair expenses upon her business.

The court that will have jurisdiction over Tanya's case will be the United States District Court. The reason it will be heard in this court is that Tanya Trucker, who is initiating the suit lives in a different state than the defendant in this case. According to the United States Constitution, Diversity of Citizenship has federal jurisdiction when opposing parties of a lawsuit reside in different states. States do have the power to enact their own laws but some laws, such as this statute passed by the State of Confusion, need to be reviewed by higher courts. This provision is especially pertinent in this case because favoritism or partiality could exist if the case were heard in a local court (Cheesemen, 2010).

The Commerce Clause will be the provision of the United States Constitution that will be applied to this case to decide the statute's validity. The federal government has not chosen to regulate this law enacted by the State of Confusion under the Commerce Clause, which is also known as the dormant commerce clause but the Constitution grants police power to the states specifically provides states should not enact laws that unduly burden interstate commerce. Many states enact laws that regulate parks and recreation and roadway rest areas. This concept states that states can enact laws that protect the public health, safety, morals, and general welfare but the laws cannot unduly burden interstate commerce. The State of Confusion is forcing truckers to purchase a hitch made solely in their state to pass through, and this is causing an unduly financial and possibly time burden on the trucks that must pass through the state.

Because the only manufacturer of the hitch is in the State of Confusion, the state appears to be trying to generate income because the trucks that pass through the state must buy a hitch produced in their state to pass through legally. This will be one of the deciding factors why Tanya will