Reference no: EM133671811
Assignment:
Background Facts You Need To Know: Viral Clean (Clean) is incorporated and located in Maryland but engages in business in all Mid-Atlantic states. Clean uses its line of disinfectant and cleaning products and 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 was contaminated and caused 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.
The United States Congress attempted to ban similar disinfectants but could not do so after the President vetoed legislation that would have banned them. In vetoing the legislation, the President noted that the Federal government's investigation of the toxic nature of similar disinfectants was inconclusive.
Clean wants to continue selling Shine-It in Delaware and other states. If Clean can sell Shine-It in Delaware, its income and profits will increase. Clean intends to challenge the new law as unconstitutional, and it has consulted TLG for advice.
Winnie and Ralph ask you create a summary report of relevant constitutional law for a meeting with them and Clean's owners.
Instructions
Report You Need to make: Make 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 that banned the disinfectant.
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.
4. Use business memo format for your submission (an executive summary with your conclusions, a statement of issues, paragraphs with headings summarizing your paragraph and citations in the text as well as at the end of your paper).
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