Tag: Commerce Clause Doctrine
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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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Congressional Authorization Action
Congressional Authorization of Otherwise Impermissible State ActionThe Supreme Court has heeded the lesson that was administered to it by the Act of Congress of August 31, 1852,1 which pronounced the Wheeling Bridge "a lawful structure," th…
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Commerce Clause and State Powers
The Commerce Clause as a Restraint on State Powers: Doctrinal BackgroundThe grant of power to Congress over commerce, unlike that of power to levy customs duties, the power to raise armies, and some others, is unaccompanied by correlative restrictions on state power.<a name=t1 href=#f1 target="…