Establishing Rules of Interpretation Governing Questions of the Effect of Acts of Congress on State Laws: Hearings Before Subcommittee No. 1, Committee on the Judiciary, House of Representatives, Eighty-fourth Congress, First Session--Eighty-seventh Congress, Second Session on H.R. 3
U.S. Government Printing Office, 1955
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act of Congress action activities aliens amendment apply attorney authority believe Board butter Chairman citizens clause clear clearly commerce Commission committee complete concerned concurrent conflict congressional Constitution construction construed Court held crime deal decision determine direct and positive doctrine effect enacted enforce entire established exclusive exercise existence express express provision expressly fact Federal act Federal Government Federal law Federal power FEIGHAN field follows further given going granted holding HYDE indicate instance intent interpretation interstate interstate commerce invalid involved Judge judicial jurisdiction Justice Labor Relations legislation limited majority matter natural occupy operation opinion particular passed Pennsylvania pointed police power preempt present principle prohibited protect provision punish question reason referred regulation Relations require respect result rule Sedition sentence Smith Act Smith bill sovereignty specifically stand statement statute subject matter superseded supremacy Supreme Court thing tion union United unless violation WALTER Wisconsin York
Página 30 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Página 38 - Legislatures as do not transcend their powers, but, though enacted in the execution of acknowledged State powers, interfere with, or are contrary to the laws of Congress, made in pursuance of the constitution, or some treaty made under the authority of the United States. In every such case, the act of Congress, or the treaty, is supreme ; and the law of the State, though enacted in the exercise of powers not controverted, must yield to it.
Página 33 - It is no objection to the assertion of the power to regulate interstate commerce that its exercise is attended by the same incidents which attend the exercise of the police power of the states.
Página 32 - Nothing in this part shall be construed to affect the powers of taxation of the several States or to authorize a motor carrier to do an intrastate business on the highways of any State, or to interfere with the exclusive exercise by each State of the power of regulation of intrastate commerce by motor carriers on the highways thereof.
Página 36 - The power of congress, then, comprehends navigation, within the limits of every state in the Union; so far as that navigation may be, in any manner, connected with "commerce with foreign nations, or among the several states, or with the Indian tribes.
Página 26 - Constitution foresaw this state of things, and provided for it by declaring the supremacy not only of itself, but of the laws made in pursuance of 6 it. The nullity of any act, inconsistent with the Constitution, is produced by the declaration that the Constitution is the supreme law.
Página 11 - By enacting the present statute the State has determined, through its legislative body, that utterances advocating the overthrow of organized government by force, violence and unlawful means, are so inimical to the general welfare and involve such danger of substantive evil that they may be penalized in the exercise of its police power.
Página 1 - That no Act of Congress shall be construed as indicating an intent on the part of Congress to occupy the field in which such...
Página 42 - In the application of this principle of supremacy of an act of Congress in a case where the state law is but the exercise of a reserved power, the repugnance or conflict should be direct and positive, so that the two acts could not be reconciled or consistently stand together.
Página 37 - It is an accepted maxim of international law, that every sovereign nation has the power, as inherent in sovereignty, and essential to self-preservation, to forbid the entrance of foreigners within its dominions, or to admit them only in such cases and upon such conditions as it may see fit to prescribe.