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5 September, 18:08

Large semi-trailer trucks use one of two basic designs of tires. There are some differences in the two designs of the tires, but both are deemed to be equally safe by independent testing labs. A state has enacted a statute banning the use of one of the tire types. The other tire design is legal and available for sale in all states. A trade association of interstate trucking firms has brought suit to have the statue declared unconstitutional. The state argues that no burden exists because the other tire design can be used in all states.

How should the Court rule on the constitutionality of the statute?

A. Constitutional, because the other tire design in equally safe.

B. Constitutional, because the states have the power to regulate safety on their highways.

C. Unconstitutional, because it is an undue burden on interstate commerce.

D. Unconstitutional, because it violates the Privileges and Immunities Clause of Article IV

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  1. 5 September, 18:15
    0
    The correct option is C

    Explanation:

    The Court has to rule this statute unconstitutional. This is because if the statute is ruled as constitutional, it will be an undue burden on interstate commerce. However, lab tests have declared both design of tires safe. If it is a case where one of the tires were said to be unsafe after lab testing, then we can say it is for the safety of the users. However in this case its not.
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