The commerce clause under Marshall, Taney and White... PDF Download
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Author: Felix Frankfurter
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Author: Felix Frankfurter
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Author: Felix Frankfurter
Publisher: UNC Press Books
ISBN: 1469632446
Category : Law
Languages : en
Pages : 106
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Book Description
The power of the commerce clause touches most intimately the relations between government and economic enterprises, and the process by which the conflicting claims of the nation and states are mediated through the Supreme Court is of continuing interest. This study is a clear exposition of the various interpretations of the commerce clause under three great chief justices. Originally published in 1937. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author: Felix Frankfurter
Publisher:
ISBN:
Category : Interstate commerce
Languages : en
Pages : 134
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Author: Vincent Robichaud
Publisher:
ISBN:
Category :
Languages : en
Pages : 122
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Author: Frederick Hale Cooke
Publisher:
ISBN:
Category : Commercial law
Languages : en
Pages : 406
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Book Description
Author: Ezra Parmalee Prentice
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 470
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Author: Bernard C. Gavit
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 642
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Author: LandMark Publications
Publisher:
ISBN: 9781977086143
Category :
Languages : en
Pages : 512
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Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss, interpret and apply commerce clause doctrine. The Commerce Clause empowers Congress "to regulate Commerce ... among the several States," U.S. CONST. Art. I, ยง 8, cl. 3, but also has a corresponding "negative" or "dormant" aspect that "limits the power of local governments to enact laws affecting interstate commerce." Town of Southold v. Town of East Hampton, 477 F.3d 38, 47 (2d Cir. 2007). Analysis of state and local laws under the dormant Commerce Clause treads a well-worn path. First, we determine whether the challenged law "discriminates against interstate commerce," or "regulates evenhandedly with only incidental effects on interstate commerce." Id. NY Pet Welfare Association v. City of New York, 850 F. 3d 79 (2nd Cir. 2017).In this context, discrimination "means differential treatment of in-state and out-of-state economic interests that benefits the former and burdens the latter." Or. Waste Sys., Inc. v. Dep't of Envtl. Quality, 511 U.S. 93, 99, 114 S.Ct. 1345, 128 L.Ed.2d 13 (1994); see also Automated Salvage Transp., Inc. v. Wheelabrator Envtl. Sys., Inc., 155 F.3d 59, 74 (2d Cir. 1998). Discriminatory laws are permissible only if the state shows they are "demonstrably justified by a valid factor unrelated to economic protectionism." Wyoming v. Oklahoma, 502 U.S. 437, 454, 112 S.Ct. 789, 117 L.Ed.2d 1 (1992). This justification must show "a legitimate local purpose that cannot be adequately served by reasonable nondiscriminatory alternatives." Dep't of Revenue of Ky. v. Davis, 553 U.S. 328, 338, 128 S.Ct. 1801, 170 L.Ed.2d 685 (2008) (quoting Oregon Waste, 511 U.S. at 101, 114 S.Ct. 1345). NY Pet Welfare Association v. City of New York, ibid.Laws that impose only incidental burdens on interstate commerce, however, are subject to a much more forgiving standard. Under the balancing test of Pike v. Bruce Church, Inc., 397 U.S. 137, 142, 90 S.Ct. 844, 25 L.Ed.2d 174 (1970), we will uphold a nondiscriminatory law unless the challenger shows that "the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits." NY Pet Welfare Association v. City of New York, ibid.
Author: John W. Walsh
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 110
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Book Description
Author: United States
Publisher: Government Printing Office
ISBN: 9780160917356
Category : Political Science
Languages : en
Pages : 2818
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Book Description
Centennial edition. Popularly known as the Constitution Annotated or "CONAN", encompasses the U.S. Constitution and analysis and interpretation of the U.S. Constitution with in-text annotations of cases decided by the Supreme Court of the United States. The analysis is provided by the Congressional Research Service (CRS) in the Library of Congress. This is the 100th anniversary edition of a publication first released in 1913 at the direction of the U.S. Senate. Since then, it has been published as a bound edition every 10 years, with updates issued every two years that address new constitutional law cases . Audience: Federal lawmakers, libraries, law firms, constitutional scholars.
