State of Confusion - Confusion 1 State of Confusion Judith...

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Confusion 1 State of Confusion Judith Crooks University of Phoenix
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Confusion 2 State of Confusion The State of Confusion has enacted a statute that requires all trucks and towing trailers to use a specific type of trailer hitch, one that is only produced by a company in Confusion. The state law requires anyone wishing to drive through the State of Confusion must first stop and have this hitch installed, or must detour around Confusion. There are no federal mandates requiring a specific trailer hitch. Bothered by this mandate, Tanya Trucker, owner of a trucking company in the State of Denial, has filed a lawsuit against the State of Confusion in an effort to have this statute overturned. Court In the matter of Trucker vs. State of Confusion, federal court will have jurisdiction over the lawsuit because of diversity of citizenship. Trucker is a native of the State of Denial. Diversity of citizenship allows the federal government jurisdiction over the case because Trucker has the right to a trial that is not tainted by the partiality of state government. This statute undoubtedly provides some benefit for the State of Confusion, through taxes and so forth. It would be in the best interest of Confusion to uphold this law, which in turn gives an unfair Constitutionality The state mandate is not constitutional because of the supremacy clause. “The Supremacy Clause establishes that the federal Constitution, treaties, federal laws, and federal regulations are the supreme law of the land” (Cheeseman, 2010). This clause indicates that federal law supersedes state law and that no state laws can conflict with federal laws. Although there are no federal laws regarding use of specific trailer hitches, the State of Confusion does not
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This note was uploaded on 05/26/2010 for the course BUSINESS M 098883 taught by Professor Zimmerman during the Spring '10 term at University of Phoenix.

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State of Confusion - Confusion 1 State of Confusion Judith...

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