CONSTITUTIONAL LAW
SPRING 2007
Class 14: Thursday February 8
More Limits on State Legislative Powers –
Preemption, Consent;
Introduction to Executive Powers – Inherent
Powers?
CONSENT
• Can Congress approve state laws that
without federal consent would violate
the DCC?
Metropolitan Life Ins. Co. v. Ward
(1985)
• What if Congress
approves a state law that
would otherwise violate
both the DCC and
another constitutional
provision?
• POWELL delivered the
opinion of the Court
(joined by BURGER,
WHITE, BLACKMUN,
and STEVENS).
• O'CONNOR filed a
dissenting opinion (joined
by BRENNAN,
MARSHALL, and
Pre-XVIII Amendment
(Prohibition) Cases on Consent
• Wilkerson v. Rahrer
(Wilson Act) (1891)
(CB p. 334)
• Clark Distilling Co.
v. Western Maryland
(1917) (CB p. 334)
• Later – XXI
Amendment
(repeals XVIII)
Granholm v. Heald (2005)
• Kennedy delivered the
opinion of the Court
(joined by Scalia, Souter,
Ginsburg, and Breyer)
• Stevens filed a dissenting
opinion, in which
O’Connor joined.
• Thomas filed a dissenting
opinion, in which
Rehnquist Stevens and
O’Connor joined.
PREEMPTION
•
•
•
•
•
Express Preemption
Implied Preemption
1. Field Preemption
2. Conflict Preemption
3. State Laws that Impede Achievement
of Federal Objectives,
Pacific Gas & Elec. Co. v. State Energy
Resources Conservation & Development
Comm’n (1983) (CB p. 324)
• White delivered the
opinion of the Court,
joined by Burger,
Brennan, Marshall,
Powell, Rehnquist,
and O’Connor.
• Blackmun, joined by
Stevens, concurred in
part and concurred in
the judgment
“The Steel Seizure Case”
• Harry Truman
Justice Black
Justice Frankfurter
Justice Jackson
Justice Douglas
Justice Vinson