constitutional law - charts

7/23/2019 Constitutional Law - Charts

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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: A state imposed a 3% tax on out-of-state insurance companies

for all premiums received from insuring residents of the state. No similartax was placed on in-state insurance companies. Although such a tax

would ordinarily be held invalid under the Commerce Clausebecause

it discriminates against interstate commercethe tax here was upheld

because Congress had adopted an act permitting the states to regulate

insurance in any manner, as long as the state regulation did not conflict

with a federal statute specifically regulating insurance.


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

liberties.Example: A state imposed a 3% tax on out-of-state insurance companies for all premiums received from insuring residents of the

state. No similar tax was placed on in-state insurance companies. Although such a tax would ordinarily be held invalid under the

Commerce Clausebecause it discriminates against interstate commercethe tax here was upheld because Congress had

adopted an act permitting the states to regulate insurance in any manner, as long as the state regulation did not conflict with a

federal statute specifically regulating insurance.


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constitutional law - charts

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