Question
Scenario: After a series of deadly accidents between motorists and semi's with single axle on federally maintained highways, a federal agency in charge of interstate
Scenario: After a series of deadly accidents between motorists and semi's with single axle on federally maintained highways, a federal agency in charge of interstate highway safety issued an administrative regulation forbidding all semi's from traveling on interstate highways with single axle's. A state statute in the state of Texarkana requires certain loads to be hauled by single axle tractor trailers (semi's), and further requires the most direct route in a state initiative to increase perceived fuel efficiency. Driver was traveling between 2 depots when he was pulled over by federal officers and fined for violating the administrative regulation.
Was Driver properly fined because of the regulation? Under what Constitutional concept would you make your argument?
How would your answer change if you were told there was a case in the state of Okeydokey where a driver was not fined for some reason or another?
If Driver, the Texarkana, wanted to sue for damages and civil reparations, should he seek relief in Texarkana or in a federal court? Which federal court would he file if federal? Which kind of court if in the state?
- If Driver, the Texarkana, wanted to sue for damages and civil reparations, should he seek relief in Texarkana or in a federal court? Which federal court would he file if federal? Which kind of court if in the state?
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