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  • Constitutional Law - Charts

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    sab0714
    214 vizualizări11 pagini
    The document discusses Congress's ability to regulate interstate commerce and permit state regulation under the Commerce Clause. It states that Congress can allow state regulation that would otherwise violate the Commerce Clause, and prohibit state regulation that could be allowed. However, Congress cannot permit states to violate civil liberties. As an example, the document describes a state tax on out-of-state insurers that was upheld because Congress had passed a law allowing states broad regulation of insurance.

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    Constitution law chart

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    The document discusses Congress's ability to regulate interstate commerce and permit state regulation under the Commerce Clause. It states that Congress can allow state regulation that would otherwise violate the Commerce Clause, and prohibit state regulation that could be allowed. However, Congress cannot permit states to violate civil liberties. As an example, the document describes a state tax on out-of-state insurers that was upheld because Congress had passed a law allowing states broad regulation of insurance.

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    214 vizualizări11 pagini

    Constitutional Law - Charts

    Încărcat de

    sab0714
    The document discusses Congress's ability to regulate interstate commerce and permit state regulation under the Commerce Clause. It states that Congress can allow state regulation that would otherwise violate the Commerce Clause, and prohibit state regulation that could be allowed. However, Congress cannot permit states to violate civil liberties. As an example, the document describes a state tax on out-of-state insurers that was upheld because Congress had passed a law allowing states broad regulation of insurance.

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 11

    Congress may permit state regulation that would otherwise violate the Commerce Clause.

    Likewise, Congress may prohibit state regulation that could otherwise be upheld under the
    Commerce Clause. Congress may not, however, permit states to violate civil liberties.

    Example:Astateimposeda3%taxonoutofstateinsurancecompanies
    forallpremiumsreceivedfrominsuringresidentsofthestate.Nosimilar
    taxwasplacedoninstateinsurancecompanies.Althoughsuchatax
    wouldordinarilybeheldinvalidundertheCommerceClausebecause
    itdiscriminatesagainstinterstatecommercethetaxherewasupheld
    becauseCongresshadadoptedanactpermittingthestatestoregulate
    insuranceinanymanner,aslongasthestateregulationdidnotconflict
    withafederalstatutespecificallyregulatinginsurance.

    Congress may permit state regulation that would otherwise violate the Commerce Clause. Likewise, Congress may prohibit state
    regulation that could otherwise be upheld under the Commerce Clause. Congress may not, however, permit states to violate civil
    liberties.
    Example:Astateimposeda3%taxonoutofstateinsurancecompaniesforallpremiumsreceivedfrominsuringresidentsofthe
    state.Nosimilartaxwasplacedoninstateinsurancecompanies.Althoughsuchataxwouldordinarilybeheldinvalidunderthe
    CommerceClausebecauseitdiscriminatesagainstinterstatecommercethetaxherewasupheldbecauseCongresshad
    adoptedanactpermittingthestatestoregulateinsuranceinanymanner,aslongasthestateregulationdidnotconflictwitha
    federalstatutespecificallyregulatinginsurance.

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