Assume that Virginia enacted a law prohibiting, until further notice, all grocer

Question

Assume that Virginia enacted a law prohibiting, until further notice, all grocery stores in Virginia from selling all powdered spices manufactured in, or shipped from, Maryland. This law was enacted because it was discovered that the spices recently manufactured in Maryland were infected with bacteria. Determine the constitutionality of the Maryland statute. The statute is:

a. Unconstitutional; it violates grocery store owners’ substantive and procedural due process rights under the 5th and 14th Amendments because they are private businesses.
b. Unconstitutional; the statute imposes an undue burden on interstate commerce.
c. Constitutional; it is a valid exercise of Maryland’s police power.
d. Constitutional; the statute imposes an undue burden on intrastate and interstate commerce.

Explanation / Answer

The option a would be incorrect as the banning of the grocery product is not unconstitutional and the states have the right to ban products from other states in case the products are not fit for consumption. Also the banning of the product does not violate substantive due process right.

Option b would be the correct option as the statute imposes an undue burden on the interstate commerce as all the grocery stores in Virginia are prohibited from selling all powdered spices from Maryland.

Police power would not be exercised in such cases hence option c is also incorrect.

Option d would be inorrect as the banning of the product is unconstitutional.

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