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" Rice v. Santa Fe Elevator Corp., 331 US 218, 230, 67 S.Ct. 1146, 1152,91 L.Ed. 1447: "Congress legislated here in a field which the States have traditionally occupied. ... So we start with the assumption that the historic police powers of the States were... "
Federalism: Hearings Before the Committee on Governmental Affairs, United ... - Página 99
por United States, United States. Congress. Senate. Committee on Governmental Affairs - 1999 - 433 páginas
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Food Safety Issues: Hearings Before the Subcommittee on Department ...

United States. Congress. House. Committee on Agriculture. Subcommittee on Department Operations, Research, and Foreign Agriculture, United States - 1992 - 886 páginas
...461 US 190, 203-204, 103 S.Ct. 1713, 17211722, 75 L.Ed.2d 752 (1983). When considering pre-emption, "we start with the assumption that the historic police...unless that was the clear and manifest purpose of Congress." Rice, supra, 331 US, at 230, 67 S.Ct, at 1152. [3] Even when Congress has not chosen to...
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Food Safety Issues: Hearings Before the Subcommittee on Department ...

United States. Congress. House. Committee on Agriculture. Subcommittee on Department Operations, Research, and Foreign Agriculture, United States - 1992 - 886 páginas
...461 US 190, 203-204, 103 S.Ct. 1713, 17211722, 75 L.Ed.2d 752 (1983). When considering pre-emption, "we start with the assumption that the historic police...unless that was the clear and manifest purpose of Congress." Rice, supra, 331 US, at 230, 67 S.Ct, at 1152. [3] Even when Congress has not chosen to...
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IRS Withdrawal of Proposed Regulations Concerning the Treatment of ..., Volume 4

United States, United States. Congress. House. Committee on Ways and Means. Subcommittee on Select Revenue Measures - 1992 - 286 páginas
...when reviewing federal statutes affecting state regulation of public service companies and stated that "we start with the assumption that the historic police...unless that was the clear and manifest purpose of Congress." Rice v. Santa Fe Elevator 331 US 218, 230 (1947). In our Comments to the IRS, we emphasized...
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Natural Gas Regulation: Hearing Before the Subcommittee on Energy ..., Volume 4

United States, United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Energy and Power - 1992 - 645 páginas
...681 (1964). ** See Hillsborough County v. Automated Medical Laboratories, Inc. 471 US 707, 715 (1985) (assumption that the historic police powers of the states were not to be superseded by a federal regulation unless that was the clear and manifest purpose of Congress); Puerto Rico Department...
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Space Transport Liability:National and International Aspects

R. Bender - 1995 - 406 páginas
...(Justice Scalia) of today's opinion for the Court pronounced for a unanimous Court just two months ago, 'we start with the assumption that the historic police powers of the States were not be be superseded unless that was the clear and manifest purpose of Congress.' 24 M. Redish, "Federal...
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Public Health Law: Power, Duty, Restraint

Larry Ogalthorpe Gostin, Lawrence O. Gostin - 2000 - 491 páginas
...concern."122 Thus, the judiciary adopts a presumption that "the historic police powers of the States [are] not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress."123 PAR ENS PATRIAE POWERS: STATE POWER TO PROTECT CHILDREN AND INCOMPETENT PERSONS This...
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Constitutional Culture and Democratic Rule

John Ferejohn, Jack N. Rakove, Jonathan Riley - 2001 - 414 páginas
...allocation and development policies with new federal development and redistribution statutes. Courts must "start with the assumption that the historic police...unless that was the clear and manifest purpose of Congress."85 Likewise, the Great Society legislation tended to build on and defer to state regulation...
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Universities and Their Leadership

Princeton Conference on Higher Education (1996 Princeton University) - 1998 - 268 páginas
..."the normal presumption against pre-emption." The formulations vary. One, dating from 1947, is that "we start with the assumption that the historic police...unless that was the clear and manifest purpose of Congress."126 Crosby suggests that this "normal" presumption might be inapplicable in the area of foreign...
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Towards an International Law of Co-Progressiveness

Sienho Yee - 2004 - 308 páginas
...manifests the intent that it do so. When state laws are based on the police power, the presumption is that "the historic police powers of the States were not to be superseded by ... [a] Federal Act unless that was the clear and manifest purpose of Congress."129 The language and...
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The Supremacy Clause: A Reference Guide to the United States Constitution

Christopher R. Drahozal - 2004 - 206 páginas
...(citations omitted): Congress legislated here in a field whieh the States have traditionally oeeupied. So we start with the assumption that the historic police powers of the Slates were not to he superseded by the Federal Act unless that was the clear and manifest purpose...
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