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State and Local Economic Sanctions: Constitutional Issues


States and localities have occasionally enacted measures restricting their agencies from conducting economic transactions with entities that do business with or in foreign countries whose conduct these jurisdictions find objectionable. While some maintain that sub-federal entities may enact such laws under sovereign proprietary powers and other constitutional prerogatives, others argue that these measures impermissibly invade federal commerce and foreign affairs authorities and may, in some cases, be preempted by federal statute. In 2000, the U.S. Supreme Court unanimously held in Crosby v. National Foreign Trade Council that a Massachusetts law restricting state transactions with firms doing business in Burma was preempted by federal statute. In its 2003 decision in American Insurance Association v. Garamendi, the Court reaffirmed the relevance of the dormant federal foreign affairs power to preemption analysis when it struck down a California law requiring certain businesses to disclose information regarding Holocaust-era insurance policies sold in Europe, but the scope of the 5-4 decision is unclear.


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# FILE NAME Document Date Order ID: Number of Pages PRICE
1 RL33948.pdf Feb 20, 2013 RL33948 20 $19.95 ADD TO CART

Older Versions:

State and Local Economic Sanctions: Constitutional Issues  [Order No: RL33948  Release Date: Jun 27,2012  Pages: 15]

State and Local Economic Sanctions: Constitutional Issues  [Order No: RL33948  Release Date: Jul 15,2011  Pages: 14]

State and Local Economic Sanctions: Constitutional Issues  [Order No: RL33948  Release Date: Apr 04,2011  Pages: 14]

State and Local Economic Sanctions: Constitutional Issues  [Order No: RL33948  Release Date: Jul 02,2008  Pages: 13]

State and Local Economic Sanctions: Constitutional Issues  [Order No: RL33948  Release Date: Aug 10,2007  Pages: 13]

State and Local Economic Sanctions: Constitutional Issues  [Order No: RL33948  Release Date: Jun 05,2007  Pages: 13]

State and Local Economic Sanctions: Constitutional Issues  [Order No: RL33948  Release Date: Apr 02,2007  Pages: 13]