Tag: Art. 1. Sec. 8
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State Power on Patents and Copyrights
State Power Affecting Patents and CopyrightsDisplacement of state police or taxing powers by federal patent or copyright has been a source of considerable dispute. Ordinarily, rights secured to inventors must be enjoyed in subordination to the general authority of the states over all property within…
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State Proprietary Activity Exception
The State Proprietary Activity (Market Participant) ExceptionIn a case of first impression, the Court held that a Maryland bounty scheme by which the state paid scrap processors for each "hulk" automobile destroyed is "the kind of action with which the Commerce Clause is not concerned…
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State Regulation
Congressional Regulation: State Regulation in the Old WayMuch more diverse were the cases dealing with regulation by the state and local governments. Taxation was one thing, the myriad approaches and purposes of regulations another. Generally speaking, if the state action was perceived by the Court …
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State Regulations on Mails
State Regulations Affecting the MailsIn determining the extent to which state laws may impinge upon persons or corporations whose services are used by Congress in executing its postal powers, the task of the Supreme Court has been to determine whether particular measures are consistent with the gene…
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State Taxation
Congressional Regulation: State Taxation in the Old WayThe leading case dealing with the relation of the states' taxing power to interstate commerce&emdash;the case in which the Court first struck down a state tax as violating the Commerce Clause&emdash; was the State Freight Tax Case.<a name=t1…
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State Taxation History
State Taxation and Regulation: The Old LawIn 1959, the Supreme Court acknowledged that, with respect to the taxing power of the states in light of the negative (or "dormant") commerce clause, "some three hundred full-dress opinions" as of that year had not resulted in "consi…
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Swift Case
The "Current of Commerce" Concept: The Swift CaseDefendants in Swift were some thirty firms engaged in Chicago and other cities in the business of buying livestock in their stockyards, in converting it at their packing houses into fresh meat, and in the sale and shipment of such fresh meat…
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Rights of the Trustee
Liberalization of Relief Granted and Expansion of the Rights of the TrusteeAs the coverage of the bankruptcy laws has been expanded, the scope of the relief afforded to debtors has been correspondingly enlarged. The act of 1800, like its English antecedents, was designed primarily for the benefit of…
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Taxation Purposes
Promotion of Business: Protective TariffThe earliest examples of taxes levied with a view to promoting desired economic objectives in addition to raising revenue were, of course, import duties. The second statute adopted by the first Congress was a tariff act reciting that "it is necessary for …
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Seat of the Government
Seat of the Federal GovernmentThe Convention was moved to provide for the creation of a site in which to locate the Capital of the Nation, completely removed from the control of any state, because of the humiliation suffered by the Continental Congress on June 21, <a name=t18 href=#f18 target="…
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Taxation Regulation
Taxation Purposes: Regulation by TaxationCongress has broad discretion in methods of taxation, and may, under the Necessary and Proper Clause, regulate business within a state in order to tax it more effectively. For instance, the Court has sustained regulations regarding the packaging of taxed arti…
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Securities and Exchange Commission
SEC – Securities and Exchange Commission (Congress Regulation of Commerce)Not all antidepression legislation, however, was of this new approach. The Securities Exchange Act of 1934 1 and the Public Utility Company Act ("Wheeler-Rayburn Act"…
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Taxes Permitted
Kinds of Taxes PermittedBy the terms of the Constitution, the power of Congress to levy taxes is subject to but one exception and two qualifications. Articles exported from any State may not be taxed at all. Direct taxes must be levied by the rule of apportionment and indirect taxes by the rule of u…
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Sherman Act
The Sherman Act: Sugar Trust CaseCongress's chief effort to regulate commerce in the primary sense of "traffic" is embodied in the Sherman Antitrust Act of 1890, the opening section of which declares "every contract, combination in the form of trust or otherwise," or "co…
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The Darby Case
The Darby CaseIn sustaining the Fair Labor Standards Act 1 in 1941,2 the Court expressly overruled Hammer v. Dagenhart.3 "The distinction on whic…