The equal protection clause is found in the fourteenth amendment in the American constitution. It states that the government should provide similar protection to all people situated together as regards their characteristics (Hunter, 2018). When an individual is unfairly treated, they can file a legal suit to seek justice. The person will need to prove how he is unfairly treated. The courts will use the three methods, which include stringent scrutiny, intermediate scrutiny and rational basis scrutiny. The court determines the case using precedents in order to bring justice to the wrongly accused. Food trucks are in the food industry and as such cases related to unfair treatment will be subject to restaurants and food sellers.
The state is using the commerce clause to regulate commerce between states. A state is enabled by the constitution to regulate trade between two or more states, even in situations where Congress has not provided guidelines on the same. In the tenth amendment, states have police authority that permits them to regulate matters such as health, safety and morals. State B serves a legitimate state interest to protect the people in the state from harm. State B used the recommendation of an expert to make the decision. However, such expert opinion must be critically analyzed to ensure that laws do not hinder the state’s economic interactions with other states.
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The commerce article is a provision in the united states of America constitution that enables Congress to control trade with other foreign countries and interstate trade. It provides the foundation for united states government regulatory power. State B’s law does not infringe the commerce article. However, the law impacts on businesses operating in state A and state B. it is vital that such laws are reviewed to establish the legality of the rules and prohibitions put in place.
References
Hunter, N. D. (2018). The Constitution and Individual Rights. In The Law of Emergencies . https://doi.org/10.1016/b978-0-12-804275-5.00009-7
