Legal Report Interstate Commerce Police Powers Essay

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Running head: CLEAN COMPANY REPORT CLEAN COMPANY REPORT 2The Case of Clean-n-Shine (Clean) Commercial Cleaning CompanyClean is a commercial cleaning company incorporated in Maryland which uses its line of cleaning products while also selling the same online across all Mid-Atlantic States. The Delaware legislature recently enacted a law banning the importation and sale of the company’s Shine-It floor cleaner. This text demonstrates that the restriction violates the Interstate Commerce Clause and contravenes the ‘police powers’ doctrine from the 10th Amendment of the US Constitution. Clean also faces potential legal action in Virginia after a client threatened to sue for reimbursement of cleaning costs. The report shows that the Virginia court has personal jurisdiction over Clean due to its active marketing directed at residents in the forum state.Part OneThe Interstate Commerce ClauseA state violates the dormant commerce clause if it passes a law that either imposes an undue burden on, or discriminates against interstate commerce (Chapter 4). In the case of Kassel vs Consolidated Freightways, the Iowa District Court found that a law prohibiting double trailers on the state’s highways imposed an undue constitutional burden on interstate commerce (Chapter 4). The state had argued that the trucks posed potential danger to highway travelers and the law was geared at assuring safety (Chapter 4). The Court, however, judged that the law was ‘out-of-step’ with the laws in others states that did not have similar regulations and, hence, it interfered with the smooth flow of interstate commerce. Similarly, in the Clean-It case, the Delaware law does not conform with the laws of all other mid-Atlantic states in which Clean Company operates, which do not have similar legislation. The law, therefore, interferes with the flow of, and impermissibly burdens interstate commerce in contravention of the Commerce Clause.The Doctrine of Police Powers from the 10th AmendmentThe historic police power of states allows states to make their own rules in case Congress fails to legislate under the commerce clause (Chapter 4). States exercise these police powers for various purposes including environmental protection, morals, safety, welfare, and health (Chapter 4). The Delaware legislature claims to have acted within its police powers in banning the importation and sale of Clean-It for its alleged toxicity to humans. In assessing whether the Iowa legislature violated its police powers in its decision to ban double trailers in Kassel vs Consolidated Freightways, the court required the state to prove its claims that the trucks posed a threat to highway users. Statistical studies showed that 65-foor double trucks were comparable in safety to the 55-foot singles and 60-foot doubles (Chapter 4). The state had difficulty justifying its claims as statistical data produced in court indicated that, in fact, single trucks resulted in more fatalities and higher injury rates in the event of accidents (Chapter 4). In essence, double trucks offered more safety than single trucks (Chapter 4). The court ruled that the state had violated its police powers in instituting the ban as the safety argument was illusory (Chapter 4).

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Similarly, in the case of Clean, Delaware will be required to justify its toxicity claims to show that the instituted law was geared at protecting the safety and welfare of state residents. The state…

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…whether an out-of-state defendant could create minimum contacts in a forum state through internet and website marketing, the Arizona court in Cybersell Inc. vs Cybersell Inc., judged that it lacked personal jurisdiction given that the advertising was targeted at all relevant states and not specifically directed at Arizona (Find Law, 2008). As regards its internet and social media marketing, therefore, Clean’s marketing efforts were directed at all Mid-Atlantic States and not Virginia specifically. The defendant cannot, therefore, be regarded as having established minimum contacts in the state via its internet marketing campaign. However, the use of television and mailings, based on state zip codes, meant that Clean purposefully availed itself to the privilege of doing business within individual states, including Virginia as per the court’s decision in Inset Systems Inc. vs Instruction Set Inc. The fact that Clean used active marketing in the form of mailings and television advertising in Virginia indicates an intention to establish contacts and grants the Virginia Court personal jurisdiction to initiate civil proceedings against Clean (Diffen, n.d.; Chapter 1).In conclusion, this report summarizes Clean’s liability with regard to state action taken by the states of Delaware and Virginia. In part one, the report concludes that the ban by Delaware contravenes both the Interstate Commerce Clause and state police powers under the 10th Amendment. As such, the ban is unconstitutional and the company could pursue litigation. In regard to part 2, however, the company’s use of active marketing targeted at Virginia residents gives the Virginia court personal jurisdiction and ABC Company can, therefore, initiate civil proceedings against Clean in Virginia to recover the….....

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