Constitutional structure
Article Abstract:
The US Supreme Court in New York v United States declared unconstitutional the take title provision of the Low-Level Radioactive Waste Policy Amendments Act of 1985, but failed to give a sound federalist rationale for the decision by focusing on the Tenth Amendment instead of the Guarantee Clause. The court objected to the provision's targeting of states alone, rather than both states and private parties, and to forcing the states to regulate waste disposal. The Guarantee Clause explicitly protects state autonomy and would have given the court a better basis for its decision.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Criminal law and procedure
Article Abstract:
Leading US Supreme Court cases in criminal law and procedure during the 1991 term included Morgan v Illinois and United States v Williams. In Morgan v Illinois, the court held that the defense could dismiss jurors who would automatically impose a death sentence in capital cases. In United States v Williams, the court held that the grand jury is an independent institution, not under the supervision of the judiciary. However, by refusing to impose a disclosure rule on prosecutors, the court left the grand jury vulnerable to manipulation by prosecutors.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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Commerce Clause
Article Abstract:
The US Supreme Court in Quill Corp v North Dakota ex rel Heitkamp acted properly in ruling on Commerce Clause grounds that North Dakota could not collect use tax from an out-of-state mail order business. The decision overruled the due process rationale while reaffirming the Commerce Clause rationale used in the 1967 National Bellas Hess decision. By imposing a physical presence threshold for state taxation, the court acted to uphold a free national economy over conflicting federalism concerns.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1992
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