Download or read book The Commerce Clause under Marshall Taney and Waite written by Felix Frankfurter and published by UNC Press Books. This book was released on 2018-02-01 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Constitutional Law written by Dan T. Coenen and published by . This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Coenenâe(tm)s treatment of the Commerce Clause broadly explores the division of powers between federal and state lawmaking authorities and considers alternative sources of federal power, particularly under the Taxing and Spending Clauses, as well as constitutionally inspired rules of statutory interpretation crafted by the Court to protect federalism values.

Download or read book The Commerce Clause of the Federal Constitution written by Ezra Parmalee Prentice and published by . This book was released on 1898 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Download or read book Interstate Commerce Act written by Karl Knox Gartner and published by . This book was released on 1924 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Download or read book The Commerce Clause of the Constitution and the Trusts written by Philander Chase Knox and published by . This book was released on 1901 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Commerce Clause of the Federal Constitution written by Frederick Hale Cooke and published by . This book was released on 1908 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Commerce Clause written by LandMark Publications and published by Independently Published. This book was released on 2019-04-16 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and apply Commerce Clause doctrine. * * * Implicit in the constitutional allocation of the "Power ... To regulate Commerce ... among the several States," U.S. Const. art. I, § 8, cl. 3, to the federal government is a corollary "constraint on the power of the States to enact legislation that interferes with or burdens interstate commerce." Brown v. Hovatter, 561 F.3d 357, 362 (4th Cir. 2009). This doctrine, known as the "dormant" commerce clause, "is driven by concern about economic protectionism" and seeks to prevent state "regulatory measures designed to benefit in-state economic interests by burdening out-of-state competitors." Id. at 363 (quoting Dep't of Revenue of Ky. v. Davis, 553 U.S. 328, 337-38, 128 S.Ct. 1801, 170 L.Ed.2d 685 (2008)). * * * The principle against extraterritoriality as it relates to the dormant commerce clause is derived from the notion that "a State may not regulate commerce occurring wholly outside of its borders." Star Sci., Inc. v. Beales, 278 F.3d 339, 355 (4th Cir. 2002) (citing Healy v. Beer Inst., 491 U.S. 324, 335-36, 109 S.Ct. 2491, 105 L.Ed.2d 275 (1989); Brown-Forman Distillers Corp. v. N.Y. State Liquor Auth., 476 U.S. 573, 582-83, 106 S.Ct. 2080, 90 L.Ed.2d 552 (1986); Edgar v. MITE Corp., 457 U.S. 624, 642-43, 102 S.Ct. 2629, 73 L.Ed.2d 269 (1982) (plurality opinion)). The principle "reflect[s] the Constitution's special concern both with the maintenance of a national economic union unfettered by state-imposed limitations on interstate commerce and with the autonomy of the individual States within their respective spheres." Healy, 491 U.S. at 335-36, 109 S.Ct. 2491 (footnote omitted). A state law violates the extraterritoriality principle if it either expressly applies to out-of-state commerce, see Carolina Trucks & Equip., Inc. v. Volvo Trucks of N. Am., Inc., 492 F.3d 484, 491-92 (4th Cir. 2007), or has that "practical effect," regardless of the legislature's intent, Star Sci., 278 F.3d at 355. Association for Accessible Medicines v. Frosh, 887 F. 3d 664 (4th Cir. 2018)

Download or read book True Scope and Meaning of the Commerce Clause written by John W. Walsh and published by . This book was released on 1915 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Commerce Clause of the United States Constitution written by Bernard C. Gavit and published by . This book was released on 1932 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Passenger Cases and the Commerce Clause written by Tony Allan Freyer and published by University Press of Kansas. This book was released on 2014-09-30 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1849 Chief Justice Taney’s Court delivered a 5-4 decision on the legal status of immigrants and free blacks under the federal commerce power. The closely divided decision, further emphasized by the fact there were eight opinions, played a part in the increasingly contested politics over growing immigration, and the controversies about fugitive slaves and the western expansion of slavery that resulted in the Compromise of 1850. In the decades after the Civil War federal regulation of immigration almost entirely displaced the role of the states. Yet, over a century later, Justice Scalia in Arizona v. US appealed to the era when states exercised greater control over who they allowed to cross their borders; a dissent which has returned the Passenger Cases to the contemporary relevance. The Passenger Cases provide a counter-history that allowed the Court to affirm federal supremacy and state-federal cooperation in Arizona I (2011) and II (2012). In The Passenger Cases and the Commerce Clause Tony Allan Freyer focuses on the antebellum Supreme Court’s role prescribing state-federal regulation of immigrants, the movement of free blacks within the United States and on the origins, state court decisions, federal precedents, appellate arguments, and opinion-making that culminated in the Court’s decision of the Passenger Cases. The Court’s split decision provided political legitimacy for the 1850 Compromise: enactment of a stronger fugitive slave law, admission of slavery in western territories based on popular vote of residents (popular sovereignty), and the abolition of the slave trade in Washington D.C. The divided opinions in the Passenger Cases also influenced the immigrant and slavery crises which disrupted the balance between free and slave-labor states, culminating in the Civil War. The states did indeed enact laws enabling exclusion of undesirable white immigrants and free blacks. The 5-4 division of the Court anticipated the better known, but even more divisive, views of the Justices in the Dred Scott case (1857). And in considering the post-Reconstruction evolution of new standards by which to judge immigration issues, the Passenger Cases revealed the continuing controversy over how to treat those who wish to come to our country, even as federal law came to dominate the regulation of immigration. These issues continued to complicate immigration law as much today as they did more than a century and a half ago. The persistence of these problems suggested that a "decent respect to the opinions of mankind" continued to demand a coherent, humane, and more consistent immigration policy.

Download or read book Federal Co peration with the States Under the Commerce Clause written by Joseph Ernest Kallenbach and published by Praeger. This book was released on 1968 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Commercial Power of Congress Considered in the Light of Its Origin The Origin Development and Contemporary Interpretation of the Commerce Clause of the Federal Constitution from the New Jersey Representations of 1778 to the Embargo Laws of Jefferson s Second Administration in 1809 written by David Walter Brown and published by . This book was released on 1910 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Download or read book The Commerce Clause of the Federal Constitution written by Ezra Parmalee Prentice and published by Fred B. Rothman. This book was released on 1898 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book embodies an effort to take the point of view of the Supreme Court in regard to the "Commerce Clause", to show how the point of view has changed over time based on judicial decisions involving the power to regulate commerce.

Download or read book The Commerce Clause of the Federal Constitution Classic Reprint written by E. Parmalee Prentice and published by Forgotten Books. This book was released on 2017-09-18 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Commerce Clause of the Federal Constitution Rep. 609; 11 L. R. A. 179; 3 Int. Com. Rep. 532 32, 152, 205 American Harrow Co. V. Shaffer et al. 68 Fed. Rep. 750; 2 Am. Eng. Corp. Cas. (n. S.) 207; 5 Int. Com. Rep. 336 278, American Ins. Co. V. Bales of Cotton, Canter, Claimant 1 Pet. 511 American Rapid Tel. Co. V. Hess 125 N. Y. 641; 26 N. E. Rep. 919; 36 N. Y. St. Rep. 252; 21 Am. St. Rep. 764; 13 L. R. A. 454; 39 Am. Eng. Corp. Gas. 526 American Rapid Tel. Co. V. Hess 58 Hun, 610. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.