California passed a law prohibiting any transporting of nuclear ...

[melina_rosy]

California passed a law prohibiting any transporting of nuclear waste in the state unless the company doing so is a resident or is owned by residents of California. What constitutional issues does this law raise?

Question 2

The head of the Department of Transportation reviewed a film that demonstrated the effectiveness of air bags in automobiles. He then passed a rule that Ford Motor Company must retrofit, without charge to the automobile owner, all of its 1985 models as an experiment on the safety of the air bag. Ford refused to do so. The DOT held a hearing and decided to fine Ford 1 million for violating its regulation. A notification of this decision was mailed to Ford. What constitutional issues does this case raise?

[smrtceo]

Answer to Question 1

Regulation of the production of nuclear energy and the disposal of nuclear waste is an area that has been preempted by federal law. Nuclear waste must often be transported if it is to be effectively stored. The appropriate federal agencies have established rules and regulations. To allow the states to have control would result in a patchwork of various laws throughout the country on a matter of national concern when uniformity is desirable. The commerce clause is interpreted to give the federal government power over matters affecting the general welfare of the nation, such as the production of nuclear energy and its related activities. Consequently, this area is preempted under the supremacy clause. It would further violate the commerce clause of the U.S. Constitution to allow a state to favor its local industries and discriminate against out-of-state businesses.

Answer to Question 2

Adjudicating Ford's responsibility without a chance for Ford to argue its case violates due process. Requiring Ford to spend its money to add air bags to cars it has already sold also violates due process. Further, it violates equal protection to single out Ford instead of imposing an equal obligation on the entire automobile industry. There is no reasonable basis for applying such a regulation only to Ford.