Background Facts:

TLG has a new client, Clean-n-Shine (Clean), a commercial cleaning company incorporated and located in Maryland, but doing business in all Mid-Atlantic states. Clean uses its own line of cleaning products and also sells its products to other businesses via the internet.

Recently, the Delaware legislature enacted a law banning all sales and importation, until further notice, of Clean's "Shine It" floor cleaner in Delaware.It was discovered that one of the ingredients in "Shine It", derived from corn, is contaminated and causes a quick-growing mold to spread on surfaces to which it is applied. The mold can be toxic to humans and can cause damage to floors.

Clean wants to expand its product line to sell "Shine-It" in Delaware.If Clean can sell "Shine-it" in Delaware, it will increase its income and profits.Clean, therefore, wants to challenge the new law as unconstitutional.

Questions:

1. Based on constitutional law, does Delaware's restriction on the sale of "Shin It" violate the Interstate Commerce Clause? Why, or why not?

2. Does the doctrine of "police powers" (derived from the 10th Amendment of the U.S. Constitution) apply to Delaware law, and if so, why?

3. Why it is important for businesses to understand the impact of the Interstate Commerce Clause and state police powers?