State Wars - The Empire Strikes Back: The Federal/State Constitutional Power Confrontation

Authors

Steven Ferrey, Suffolk University Law SchoolFollow

Document Type

Article

Publication Title

Baylor Law Review

Abstract

A significant pending case will carve the contours of United States constitutional governance for the nation regarding our most important technology and its implementation and "will probably be determined by the U.S. Supreme Court.... 'These are the kind of issues that the Supreme Court likes. It's a federal preemption case; it's a landmark case.' " The attorney general concurs that he would "be surprised" if the case if not destined for the Supreme Court. This matter defines Constitutional federalism and the application of two important clauses of the United States Constitution: - The Constitution's Supremacy Clause, with specific application of the judicially defined "bright line" prohibitions of state regulation of wholesale transactions in power; and - The Constitution's dormant Commerce Clause prohibitions on burdensome state regulation of interstate commerce of a fundamental technology.

First Page

1

Last Page

74

Publication Date

2013

Recommended Citation

Steven Ferrey, State Wars - The Empire Strikes Back: The Federal/State Constitutional Power Confrontation, 65 Baylor L. Rev. 1 (2013).

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License