1st project
Learning Activity W1 2
Learning Activity W1
1. Analyze and explain whether the Delaware restriction on the sale of Shine-It violates the Interstate Commerce Clause.
The interstate commerce law is an integral part of the USA constitution, and it has been designed to recognize the police power related to commerce activities among Nations and states. The clause was launched in 1887 and the US constitution is considered to be the base of all laws. It mentioned that Congress possesses exclusive jurisdiction to manage regulations or commerce in international countries, Indian tribes, and different states. In the given case scenario, Delaware's restrictions on "Sale of Shine" actions are against the US Constitution because the company operates in other states, making it "interstate commerce" where the states are directly divested from the power to impose and regulate such prohibition. State and federal courts honor each other in a highly complicated manner (Government Regulation and the Legal Environment of Business, 2012). The Delaware restriction must not be enforced on the Shine It without prior agreement and consent of Congress because the Federal department of the government can only practice the Interstate Commerce clause.
2. Analyze whether the doctrine of "police powers" derived from the 10th Amendment of the U.S. Constitution applies to the Delaware law.
The case can be evaluated under the 10th Amendment of the USA constitution. The doctrine of police power States The power not directed to the USA by the Constitution, nor is prohibited to the state, is reserved to the people, or states respectively. In simple words, the "police power doctrine" enables the separate state to have regulations if that does not go in opposition to federal law. However, in the case of Delaware restriction, it is crucial to mention that the doctrine does not justify prohibition. The primary reason is that the "interstates commerce Clause" divests the USA states from interstate commerce regulations. Therefore, the given case can only be solved by the involvement of Delaware and Congress, as a state have no right to enforce these restrictions under police doctrine of the "10th Amendment." The latter is only implicated if the USA constitution does not delegate the power. In the USA there is a check system to ensure the power is effectively separated in various branches of government. This is known as separation of power manner (Government Regulation and the Legal Environment of Business, 2012). Still, “exclusively delegate” to Congress makes the Doctrine of police power inapplicable.
3. Discuss why it is essential for businesses to understand the impact of the Interstate Commerce Clause and state police powers.
To understand the direct regulatory body, any company needs to be entirely aware of the potential use of the state police power and interstate commerce Act. A business must operate in its state of origin would only be regulated by the given state as its operations do not apply to other nations or states. For this reason, the company would not fall under this jurisdiction of the interstate commerce clause, and they would be directly accountable by the state police powers. However, a company that operated in multiple states would be under the impact of the interstate commerce clause. In the given case scenario, the business needs to be aware of the restrictions of the state police power about their activities.
Moreover, the main issue would be taken to Congress (under commerce clause) directly because of the lack of the State's power regulating such industries manner (Government Regulation and the Legal Environment of Business, 2012). The interstate commerce clause is also implicated in companies operating in the international market as it directly mentions that regulations are also imposed on commerce working in foreign countries. Therefore, when a business decides business expansion outside its state of origin, it would directly enter the domain of Federal and Congress law.
Reference
Government Regulation and the Legal Environment of Business (2012). Saylor Academy.