Got Juice?
Imagine taking a leap into a new industry. Putting all your eggs into one basket and end up hatching an accomplished company. Being at the forefront of a rapidly expanding market until one day, one state says you are no longer allowed to sell your product there. They have decided they no longer will allow you to continue to sell your products there, thus suffering serious losses. This company has become your life and it is being threatened by just one law from one state. Should states be allowed to create laws that could have national repercussions?
States have the right to create their own laws that serve to protect their own citizens. It is stated in the 10th Amendment of the United States Constitution, under the Bill of Rights,
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Legal action was taken by Kentucky based Legato Vapors LLC, and a few other established e-liquid companies challenging the law as being unfairly restrictive and therefore, unconstitutional. They challenged the Indiana Act in two lawsuits, one on the state level and the other on the federal level, on the grounds that it violated the dormant Commerce Clause, Equal Protection and Due Process Clauses of the Fourteenth Amendment, and the Indiana Constitution’s Privileges and Immunities Clause. In both lawsuits the courts rejected each of the plaintiffs’ arguments and granted summary judgments in favor of the State. The presiding federal Judge Sarah Evans Barker of the Southern District of Indiana, …show more content…
A Florida based company, GoodCat LLC did not seek to declare the law as unconstitutional, instead they focused on the "security requirements" of the law. U.S. District Judge Richard L. Young found that the "security requirements" of the Indiana law resulted in a violation of the U.S. Constitution's Commerce Clause. The Commerce Clause declares that the states cannot pass laws that discriminate or hinder interstate business. The law created by the state of Indiana inadvertently created a monopoly. The state went from having 164 out of state businesses selling products in Indiana to only 2, and 13 in state businesses to 4. In Young's decision he wrote "The Acts security requirements are such that only one local firm can provide a state-mandated service for commercial access to Indiana's market for e-liquids. ...As one might predict, the lone firm's capacity in fact favors local commerce at the expense of interstate commerce.” (3) Indiana’s vaping law in and of itself was not unconstitutional. However, an unintended consequence of the law’s security requirements was that it created a discriminatory setting for interstate commerce resulting in out-of- state companies suffering substantial financial
1. Radiation heat loss through electromagnetic waves (temp of skin is higher than the air, the skin loses heat to the air).
States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which
§§ 551-559, 701-706. The court referred to the Barnhart v. Peabody Coal Co., 537 U.S. 149, case stating the United States Supreme Court ruled in favor of the Commissioner while accepting the coal companies argument that the specified date for action is jurisdictional, and could be to read as an act to allocate not the greatest, but the least, number of beneficiaries to a responsible operator. However, the congressional objective behind the Coal Act, is to read the statutory date as a “spur to prompt action”, not as a bar to tardy completion of the business. The court stated that the Commissioner's decision was within her authority and entitled to deference, and followed the statutory hierarchy laid out in § 9706 demonstrating that the commissioner’s decision was neither arbitrary nor capricious. The court agrees with the reasoning employed by the other federal courts which have addressed this issue and finds that the Commissioner's interpretation of the Coal Act, as well as commissioner subsequent decision to reassign beneficiaries to plaintiffs, was neither unambiguously forbidden by the statute nor beyond the bounds of the
From a personal perspective, I agree with the ruling of the law to be unconstitutional as well. Although the recent ruling of the law does not cause a concerted action for the fixation of gasoline prices, it still does indirectly impose a form of price fixation. The prices are not fixed but it still forces gasoline retailers to set their prices according to Legislation, which otherwise would be illegal. This type of parallel pricing which is imposed if the law were to stay in place is exactly what the Sherman Act prohibits. Moreover, the main arguments to the law being in place are basically that smaller independent gas station owners will be driven out of business by the larger competitor’s ability to lower their prices. Rarely, however, does it occur that
State law and regulations tend to be more precise and detailed. They take what federal has set in place and expand on it.
In Emerson's claim that the Commerce Clause was violated, he argued that the Act did not regulate commercial activity, and was therefore an unconstitutional use of congressional power. In claiming this, Emerson looked to the Supreme Court's holding in United States v. Lopez, however, the District Court dismissed this claim, citing a Fifth Circuit Court of Appeals decision which examined the validity of 18 U.S.C. § 922 (g)(8) under a Commerce Clause challenge, in which it held that the Act was constitutional (United 3). Because of this ruling (in United States v. Pierson), the District Court
The federal government and the states deal with the law enforcement. The Bill of Rights applies to the national government, not to the states. Each state had their own Bill of Rights that were very similar to the federal government bill of
Furthermore, in Standard Oil Co., the Supreme Court stated that “The term "monopoly,"… as used in the Sherman Act was intended to cover such monopolies or attempts to monopolize as were known to exist in this country; those which were defined as illegal at common law by the States, when applied to intrastate commerce.” The Supreme Court went on to further state that “the principles of the common law applied to interstate as well as to intrastate commerce.”
The 10th amendment of the United States constitution should have contained specific powers that are within the states. However, there is not an explicit example of the powers that given to the states. Whether the powers were changed, eliminated, or remained the same throughout the years, there should be at least some form of documentation as to what the states are allowed to do and with or without permission from the federal government. These powers of the states are actually the rights of the states that are supposed to be protected by the constitution.
The Act struck down portions of Indiana’s controversial vaping law by demanding specific provisions required for out of state manufacturers in Indiana. The law revolved around a company’s security, cleanliness and audit requirements which are being looked into for being unconstitutional under the Dormant Commerce Clause. Out of state manufacturers Legato Vapors, Rocky Mountain E Cigs, Derb E Cigs are suing the Indiana Alcohol and Tobacco Commission because the Act involves inconsistent regulations imposed by other states besides Indiana.
Chris Reilly is a government commissioner in a town in Pennsylvania .He helped sort absentee-ballots because his county didn’t have the money to do so. He noticed that the applications for Donald Trump were 10:1 male, He also noticed that in the employment box was roofer, forklift operator, dockworker, grouter and so on, hard labor jobs. He understood that these people had never voted before, that they were just coming out of nowhere. Chris was so surprised that Trump was actually getting this much support.
Another interesting difference of the movie and the Bible were the miracles shown in the Book of Exodus. In the Bible, Moses uses a staff to perform the miracles God asks him to do. He even turns the staff into a snake. However, in the movie, he uses a sword to part the Red Sea. In the Bible, God orders Moses to go to the bank of the Nile and use his staff to stretch it out for the rivers and all the reservoirs of water to turn into blood.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Our Tenth Amendment, as it was originally written does not specify or restrict the spectrum of powers which are entitled to the federal government, the state government, and or the people. Since this amendment to the U.S. Constitution does not provide an accurate measure of the powers granted to each group, it is a very open concept and its extent can be given an infinite number of interpretations. The lack of specific distinction between the powers can cause altercations regarding the rights and authority that the state and the national government have over certain issues. To
Instead of the federal law, states took it into their own hand to make their own. It may seem comedic but some states made their own sort of “wacky” laws. Some of the laws are countless and it seems as if states took advantage of the Tenth amendment to just create their own regulations. In Alabama it is illegal to drive while blindfolded, and in Florida it is Illegal to sell your children, and in Arkansa it is prohibited to pronounce “Arkansas’’ incorrectly. Most of
States have always been sensitive about the amount of power they have; the federal government has always had to step carefully around the demands of the states. This has been true since the beginning of the United States. But both believe that they should have the most power when it comes to certain things. Individual states have different values and as such tend to implement different laws about certain topics; such states want their state laws to reflect these individual values instead of a blanket law from the federal government. States should have less power compared to the federal government when implementing laws dealing with topics such as the legalization of marijuana, gay marriage, and abortion.