Replay Baseball has expanded its operations to several Midwest states including Illinois. This expansion now accounts for thirty percent of its business. Nucky has hired Eli, a 62 year-old Native American who resides in Massachusetts, to deliver baseballs to this new region. Eli is kept very busy and works fifty hours per week. Eli delivers the baseballs in a large tractor-trailer that Nucky purchased from Empire Trucks, a small truck dealer operating exclusively in Boston, Massachusetts. Nucky has designed the trailer depicting several scantily clad women in bathing suits holding baseballs. The trailer does not include rear windshield wipers in the back of the cab.

One day Eli is driving the truck to Illinois from Boston when the brakes malfunction. The brakes fail at the Massachusetts border and the truck slides across the border and strikes Darmody in New York. Eli gets out of the cab and screams several racial insults at Darmody who is uninjured. Eli injures his leg when he desperately pressed the brakes in Massachusetts before he slid across the border.

Massachusetts passes two laws:

A law limiting the number of hours to 30 that those over the age of 60 may drive in commercial vehicles.

5. Does Eli have a Constitutional argument opposing the enforcement of this law? Does Replay Baseball have a Constitutional argument against the enforcement of this law?