Commerce Clause

In: Business and Management

Submitted By reggie602
Words 1192
Pages 5
Week One Assignment
Reginald Stewart
South University Online
BUS1038 Business Law I
Week 1, Assignment 3
Sherry Olsen
December 9, 2014

Commerce Clause The information gathered from commerce clause research will examine the influences interstate commerce as it relates to what statutes are permissible to take legal action against a state(s) impeding trucks, in excess of 55 feet, to utilize its local roads; analyze the efficacy of ABC Freightways filing a state or federal lawsuit against the State of Kansas; if the exception to the statute survive the constitutional challenge. Additionally, this synopsis will provide a prescriptive approach on recommending the right course of action to resolve a potential lawsuit for ABC Freightways, address ethical issues surrounding Kansas State Troopers seeking compensation for allowing interstate commerce on Kansas roads, and discuss any action ABC Freightways should take as a result. The State of Kansas passing a law that restricted the length of trucks that could use its interstates to 55 feet violates ABC Freightways ability to conduct commerce in the state limits. The Free Legal Dictionary (2014) defines Commerce Clause as the provisioning by the U.S. Constitution that grants Congress full autonomy over trade activities among the states and with foreign countries and Indian tribes. Although the states, per the commerce clause, have the right to regulate how business is transacted within their sovereign territory, Kansas impeding on the right for companies to perform interstate transactions is unconstitutional given the fact that the state statue impacts ABC Freightways’ ability to deliver services and goods to their in-state customers in Kansas should ABC Freightways delivery needs require a double trailer. As long as the other neighboring states, such as Missouri and Nebraska, continue to allow trucks to navigate…...

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