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