Assume all the facts above, but also assume the following. The United States Congress (without holding any significant hearings) passes a law pursuant to its Article I powers (briefly citing its general powers under Section 8’s Commerce Clause but mostly heavily relying on Section 10 of Article I, which forbids States from imposing imposts or duties on imports or exports) that provides, in part: “No State shall charge any fee, duty, tax, or other financial obligation on any agricultural product (including marijuana) produced in Canada or Mexico. Should a State charge such an illegal fee, duty, or tax, the person being charged such a fee, duty, or tax may sue the State in its state courts to recover any monies paid as a result of fees, duties, or taxes imposed in violation of this law.”
Could you (on behalf of Paul) bring suit pursuant to this law against the Commonwealth in a suit filed in state court? What problems might you confront? Will you (and Paul) be successful?
