Doncouse_Jeremy_Week2 (2nd attempt)

Doncouse_Jeremy_Week2 (2nd attempt) - international and...

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Jeremy Doncouse LGLS298 Question 2.3 10-8-2008 The statute enacted by Washington is unconstitutional. The federal government, according to the Commerce Clause, has the right “to regulate commerce with foreign nations”, (Cheeseman, 2006). The right to regulate intrastate commerce and much interstate business has been reserved for the states as per their police power so long as they do not unduly burden interstate commerce. The Puget Sound in Washington is a little dangerous and narrow in places so I can see why Washington might wish to try and put more restrictive regulations on tankers. Unfortunately, international shipping companies cannot make specially designed ships for the sole purpose of transporting oil to the refineries in Washington. The statute restricting the length and sizes of tankers entering the Puget Sound interferes with
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Unformatted text preview: international and probably interstate commerce (after the oil is processed and shipped to other states). The supremacy clause states that federal laws, treaties, regulations, and the Constitution are the supreme law of the land. Any state or local laws that conflict with the aforementioned are unconstitutional. Because Washington’s law conflicts directly with the pre-established law made by the federal government and impedes the commerce with other nations it is unconstitutional. The fact remains that the federal government, in conjunction with other foreign countries, has decided to regulate this aspect of international business. Therefore, the state no longer has any jurisdiction in the matter. References Cheeseman, H. (2006). Essentials of Business and Online Commerce Law. Upper Saddle River: Pearson/Prentice Hall....
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This note was uploaded on 03/08/2011 for the course LEGAL 298 taught by Professor Unknown during the Fall '08 term at Mountain State.

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Doncouse_Jeremy_Week2 (2nd attempt) - international and...

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