tanya - 1. Whereas the states, by virtue of the tenth...

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1. Whereas the states, by virtue of the tenth Amendment to the Constitution, have exclusive powers to regulate intra-state commerce, Article 1, Section 8, Clause 3 (referred to as the Commerce clause), of the Constitution gives Congress exclusive power over trade activities among the states and with foreign countries and Indian tribes. The statute appears to be in violation of the Commerce Clause. Tanya Trucker ought to file a suit challenging the constitutionality of the statute enacted by the State of Confusion, in the Federal district court in the State of Denial, since the subject-matter jurisdiction to try the suit in respect of the Constitution, lies with the federal courts. 2. In Maine v Taylor, 477 U.S. 131 (1986), the Supreme Court upheld a state statute prohibiting the import into the state of live baitfish, though it discriminated against out- of-state commerce, since there was a supervening state interest in preventing the introduction into Maine waters of new parasites and non-native fish species, adversely affecting its ecosystems, coupled with the absence of any non-discriminatory alternatives. In So. Pacific Co. v Arizona, 325 U. S. 761 (1945), a state law prohibiting trains from the crossing the state if there were more than 70 freight cars, to prevent accidents, was found to be violative of the Commerce Clause, although it treated in-state and out-of-state commerce equally, since in effect the law burdened inter-state commerce due to the difficulties to be faced by the train by adhering to the state-law.
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This note was uploaded on 01/05/2012 for the course 101 melissa jo taught by Professor Acc101 during the Spring '11 term at Aarhus Universitet.

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tanya - 1. Whereas the states, by virtue of the tenth...

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