Impact of interstate commerce clause-state police powers


Assignment:

Learning Activity

PLEASE READ "INTRO TO 380" module in Content before proceeding with learning activities - this is essential.

Read in Content, the module, "Policies: Learning Activities & Discussions - Read Me!" for guidance on preparing outstanding Learning Activities.

General Instructions for Learning Activities

• Read/watch all assigned materials listed for the week in Overview above

• Cite to assigned materials in all responses in Learning Activities

• Use only assigned materials to complete Learning Activities; do not use the internet unless otherwise instructed

• Include in-text citations and a Reference List for in-text citations

• Write in correct, complete sentences, in paragraph format unless otherwise instructed

• Submit Learning Activities to Assignment Folder

Review Content modules:

• Writing Introductory Sentences and Paragraphs

• Writing Concluding Paragraphs

• How to Support Arguments and Positions

Tips for Formatting and Structuring Analysis:

• Write in complete sentences in paragraph format.

• Use in-text citations citing to relevant assignment materials.

• Double-space; 12-point Arial or Times Roman font.

• Introductory Sentence: Begin with an introductory sentence or very brief paragraph that states your conclusion to the questions asked.

• Concluding Sentence: End the discussion with a concluding sentence or a very brief paragraph that summarizes your conclusion/what you discussed.

• Support Arguments and Positions: Please refer to the module in Content, "How to Support Arguments and Positions".

Learning Activity:

Background Facts You Need To Know: Viral Clean (Clean) is incorporated and located in Maryland, but it engages in business in all Mid-Atlantic states. Clean uses its line of disinfectant and cleaning products, and it also sells its products to other companies via the internet.

Recently, the Delaware legislature enacted a law banning all sales and importation, until further notice, of Clean's Shine-It surface cleaner in Delaware, The Delaware Attorney General's Office investigated consumer complaints. It discovered that one of the ingredients in Shine-It is contaminated and causes a quick-growing mold to spread on surfaces to which it is applied. The mold can be toxic to humans and can cause damage to surfaces.

Clean wants to continue selling Shine-It in Delaware. If Clean can sell Shine-It in Delaware, it will increase its income and profits. Clean, therefore, intends to challenge the new law as unconstitutional, and it has consulted TLG for advice.

Winnie and Ralph ask you to prepare a summary report of relevant constitutional law for a meeting with them and Clean's owners.

Instructions

Report You Need to Prepare: Prepare a report that addresses the following three questions:

1. Analyze and explain whether the Delaware restriction on the sale of Shine-It violates the Interstate Commerce Clause. Fully explain your conclusions based on constitutional law.

2. Analyze whether the doctrine of "police powers" derived from the 10th Amendment of the U.S. Constitution applies to the Delaware law.
Fully explain your conclusions based on constitutional law.

3. Discuss why it is essential for businesses to understand the impact of the Interstate Commerce Clause and state police powers.

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Business Law and Ethics: Impact of interstate commerce clause-state police powers
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