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Tcecarenko [31]
4 years ago
6

The state legislature of state A enacted legislation prohibiting the use of tractor-trailer rigs weighing more than 100,000 poun

ds gross, on the basis that superheavy trucks rapidly degrade the state's roadways and pose a greater safety danger than smaller trucks. A trucking firm that frequently uses state A's highways for trips between state B and state C purchased several tractor-trailer rigs weighing over 100,000 pounds when loaded. The trucking firm brings an action for declaratory relief in federal court in state B, seeking to have the state A legislation declared unconstitutional. It presents expert testimony that the heavier trucks are no less safe than smaller models. State A produces no evidence, but asserts that the legislation is justified as an exercise of its police power.
How should the trial court rule?
Social Studies
1 answer:
Anna71 [15]4 years ago
5 0

<u>Answer: </u>

The trial court should rule that the legislation is unconstitutional because it violates the Commerce Clause.

<u>Explanation: </u>

  • Any legislation introduced and implemented by the state legislature inevitably has to comply with the United States Constitution for it to be valid.
  • The legislation that is believed to be unconstitutional can be appealed against in the court of law.
  • The court can also suo moto take an initiative to examine the constitutionality of the legislation introduced.
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