Background Facts You Need To Know: TLG has a new client, Clean-n-Shine (Clean), a commercial cleaning company incorporated and located in Maryland, but doing business in all Mid-Atlantic states. Clean uses its line of cleaning products and also sells its products to other businesses via the internet.
Recently, the Delaware legislature enacted a law banning all sales and importation, until further notice, of Clean’s Shine-It floor cleaner in Delaware. It was 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 floors.
Clean wants to expand its products to sell Shine-It in Delaware. If Clean can sell Shine-IT in Delaware, it will increase its income and profits. Clean, therefore, wants 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.
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, and if so, why.
Fully explain your conclusions based on constitutional law
3. Discuss why it is important for businesses to understand the impact of the Interstate Commerce Clause and state police powers.
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