Applying the doctrine of “police powers” derived from the 10th Amendment of the U.S.
Background: TLG has explained to the GC owners that it is vital to understand the legal system and processes, including the court system and jurisdiction of the courts. This is especially important as GC plans to conduct business over the internet and thus, will have potential transactions throughout the U.S. and, possibly, globally.EPI sells its green cleaning products to customers in most states. Its biggest product sales are in the Mid-Atlantic states.Recently, the Delaware legislature enacted a law banning all sales and importation of EPI’s “Brite Clean Floor Cleaner” until further notice. It was discovered that one of the ingredients, derived from corn, is contaminated and causes a quick-growing mold to spread on surfaces to which it is applied. The mold can be toxic for humans and can cause damage to floors.
EPI challenged the new law as unconstitutional.
Address the questions below.
1. Applying the doctrine of “police powers” derived from the 10th Amendment of the U.S. Constitution, analyze and discuss whether the Delaware court would likely uphold the Delaware law banning importation of EPI’s Brite Clean Floor Cleaner into the state and why or why not. Explain your conclusion in detail.
2. original hypothetical scenario – in a business setting – of a constitutional state law limiting some business activity under the state’s police power.
- explain why the example is constitutional
