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The state of Confusion enacted a statute requiring
all trucks and towing trailers that use its highways to use a B-type truck
hitch. This hitch is manufactured by only one manufacturer in Confusion. The
result of this statute is that any trucker who wants to drive through Confusion
must stop and have the new hitch installed, or drive around Confusion. The federal
government has not made any attempt to regulate the truck hitches used on the
nation’s highways. Tanya Trucker, who owns a trucking company in the state of
Denial, is not happy about the additional expense this statute imposes on her
business. She intends to file suit against Confusion to overturn the statute.
What court will have jurisdiction over Tanya’s
suit? Why?
Is the Confusion statute constitutional? Discuss
your legal reasoning.
What provisions of the U.S. Constitution will be
applied by a court to determine the statute’s validity?
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