State of confusion paper Research Example | Topics and Well Written Essays - 1000 words

State of confusion - Research Paper Example She intends to file suit against Confusion in order to overturn the statute. The Court with Relevant Jurisdiction Since the case involves the State of Confusion and Tanya, a trucker from the state of Denial, it is a matter that encompasses interstate relations and thus cannot be entertained either in a state court of Confusion or in a Denial court. The most relevant court to preside over this case is the federal district court of the judicial district within which lie the two states. This is because federal district courts in the United States have jurisdiction over civil petitions and can issue injunctions on the application of statutes whose constitutionality is in question. Additionally, federal district courts are trial courts with authority on matters of law and questions of fact presented by residents of the judicial district. The Main Issues The case in question seeks the determination of the court as regards the constitutionality of a statutory law enacted by the state of con fusion requiring trucks plying its highways to install B-Type truck hitch or bypass the state rather than going through it. Of specific interest for the court is the need to find whether the statute contravenes Article IV of the US Constitution, which entitles all US citizens to equal privileges and immunities of citizens across the USA states. Secondly, the court will establish whether the requirements of this statute is discriminatory against out- of- state citizens and further infringes the Fourteenth Amendment right of all citizens to enjoy the immunities and privileges enjoyed by citizens of the several states. The third significant issue to determine in this is the extent to which the provisions of this clause burden interstate commerce, which violates the provisions of Commerce Clause (Article 1, Se 8, and Clause 3 of the US Constitution). In this regard, the court will find if the State of Confusion abrogated Congressional powers by making a law that regulates commerce on th e nation’s highways to the extent that it limits interstate commerce. Relevant law In deciding the constitutionality of the statute beforehand, the court will apply various sections of the US Constitution. Most notably, Constitutional provisions relating to regulation of interstate commerce, interstate movement of American citizens and the freedom of movement as envisioned in the Bill of rights will be applicable. The rules outlined in the Commerce Clause and the law covering the privileges and immunities guaranteed to all American citizens under Article IV of the US Constitution will apply (Guminski, 2009). Analysis of the case In the issue of Tanya truckers v. State of Confusion, the court should uphold the state of Confusion’s right to pass any legislation relating to the safety of those using its highways. However, such legislations must not be discriminatory on out of state citizens, which entail considering that the interest of out of state truckers who frequentl y use its highways. Since only one manufacturer in Confusion makes the specific B-type hitch, it is reasonably arguable that out of state truckers have limited access to the hitch and may find it very burdening to install the hitch on their trucks. This makes the statute discriminatory on out of state truckers who may not have installed the hitch for various credible reasons. In addition, the statute requires that all