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Delaware Legislature

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Course

January 12, 2022

Delaware Legislature

The Interstate Commerce Clause gives Congress the right to regulate interstate commerce. Individual states also have the right to regulate interstate commerce. This paper explains why the Delaware restriction on the sale of Shine—does not violate the interstate commerce clause, analyzes why the doctrine of police powers applies to the Delaware law and why businesses need to understand the impact of the Interstate Commerce Clause.

Question one

The Delaware restriction on the sale of Shine-it does not violate the Interstate Commerce Clause. The US Constitution has authorized Congress to regulate commerce. Congress has an exclusive power to make laws that relate to commerce and foreign trade. The interstate commerce clause allows states to regulate interstate commerce (Government Regulation and the Legal Environment of Business, 2012). Delaware legislature could enact laws that ban the sale and importation of Clean’s Shine-It. That is because states can also regulate interstate commerce. The interest of the state is to protect the citizens from possible contamination, but not to ban the cleaning agents. Therefore, the Delaware restriction does not violate the clause.

Question two

The doctrine of “police powers” applies to the Delaware Law. States have powers and rights that are “not delegated to the United States by the US constitution” (Government Regulation and the Legal Environment of Business, 2012). States: therefore, have powers to make laws that are aimed at protecting the health, safety, and welfare of members of the public. The executive and legislative branches of states exercise police powers by enacting and enforcing laws such as Delaware's laws that restrict the sale and importation of the Shine-It product. This is aimed at protecting citizens from toxic molds and damage to their floors. The doctrine of police powers applies to the Delaware Law because it gives states the power to make laws.

Question three

Businesses should understand the impact of the Interstate Commerce Clause and the state police powers because they can both affect business activities. The Interstate Commerce Clause and the state police powers are important sources of legislation about the business activities in a state. The police powers can affect businesses because states can make laws that might be unfavorable to the businesses but protect the people (Government Regulation and the Legal Environment of Business, 2012). Several states have made laws that have protected the people but harmed businesses, especially during the Covid-19 pandemic. Businesses can comply with laws and regulations if they are aware of the interstate commerce clause and the police powers. They can avoid litigation processes by understanding the effects of the interstate commerce clause.

References

Government Regulation and the Legal Environment of Business (2012).  Saylor Academy.