Although here, there are not any federal statutes in place regarding truck hitches, the Supreme Court has consistently held that the language of the Commerce Clause contains a further, negative command prohibiting certain state regulation even when Congress has failed to legislate on the subject. This is evident in Quill Corp v. North Dakota [504 U.S. 298 (1992)] in which the Supreme Court determined that a tax levied on Quill Corp. violated the dormant commerce clause even though the subject matter was not federally pre-empted. It is important to note that the 10th Amendment does give to the states all powers not delegated to the federal government by the Constitution, but the dormant commerce clause (which is a court given name, not an actual enumerated element of the commerce clause) limits the powers given to the states under the 10th Amendment. In United States v. Lopez [515 U.S. 549 (1995)] the Supreme Court determined that state gun possession laws near school do not violate the dormant commerce clause because a state may regulate local aspects of interstate commerce as long as the local regulation does not conflict with, or is not pre-empted by, federal regulation and the regulation meets the following tests: (1) the regulation does not discriminate...
The Court in Wickard v. Filburn [317 U.S. 111(1942)] reasoned that state regulations of activities that on their face are not economic, if in their aggregate they have a substantial effect on interstate commerce, then they will have to pass the two part test listed above. Here, it can be argued that the statute is not economic on its face, but is instead based on state police power to protect the state highways. However, in aggregate, the effect of such regulation is that interstate truckers have to purchase a new hitch to go through Confusion, or must bear the extra gas expense of going around. Ultimately, the end-user will bear the extra cost expended by these truckers hauling products, by raised prices on those products. Thus the statute does have an economic effect. It is unclear whether the burden this substantial effect places on interstate commerce is outweighed by the benefit to Confusion's highways because this matter is a judgment call for the court. However, nonetheless,
Legislation Issues in Relation to Ionizing Radiation at a Work Place Ever since Roentgen discovered and introduced X-rays -- a type of ionizing radiation -- in the year 1985, their harmful impacts on humans have been under scrutiny. Ionizing radiation is, essentially, any electromagnetic particle or wave, which is capable of ionizing and removing electron(s) from a molecule or an atom of its medium of propagation (Bull, 2003). The medium in
The web site gives kids a definition of drugs and then goes on to discuss the difference between legal and illegal drugs. Written in a way that children can understand, this web site makes it easy for children to gain a positive attitude toward taking the legal, prescribed drugs that a doctor has given them while still understanding the danger of taking illegal drugs. Because it is geared toward
Gun Violence in Australia & its impact on federalism & coordinated gun control policy. Gun violence yielding en masse public murders in Australia have provoked the question of whether laws governing guns are too lenient or perhaps have enabled the dangers arising from unregistered firearms. The role of federalism has begged the question of whether more jurisdictional authority is needed by one of the provincial levels of Australian government. First however,
status of federalism within the U.S. It is the thesis of the paper that the President, the Courts and Congress have assumed influential and significant roles in the shaping of federalism in recent decades. Initially, a conceptualization of federalism will be offered as established by the founding fathers. Current literature will then be used to identify factors associated with and the role assumed by the presidency, the Courts and
Italy is a cultural hub of gender identity where issues of feminism and masculinism have been deeply entrenched for many years. For centuries Italy has been considered a more masculine country, though the majority of work documented related to masculinism actually is sparse. Issues of feminism and masculinity has surfaced in the workplace, where naturally access to issues such as equal employment and technology have surfaced. Gender inequality issues in
Disaster Management in ItalyIntroductionItaly is the one country in Europe most likely to be impacted by a disaster due to its geology. Yet it has a distinct character and cultural set of values that prevent it from adopting a standardized approach to disaster management. The various regions of Italy are historically more like independent and autonomous kingdom states than they are members of a unified nation. These various states have
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now