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

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
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.
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern