selective exclusiveness doctrine

E879783

The selective exclusiveness doctrine is a constitutional principle derived from Cooley v. Board of Wardens that allows states to regulate aspects of interstate commerce that are local in nature unless and until Congress chooses to act.

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selective exclusiveness doctrine canonical 1

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Statements (31)

Predicate Object
instanceOf constitutional doctrine
dormant Commerce Clause doctrine
addresses division of regulatory authority between federal government and states
alternativeName Cooley doctrine NERFINISHED
appliesTo interstate commerce
state regulation of commerce
appliesWhen a state law affects interstate commerce but concerns a local matter
basedOn distinction between national and local subjects of commerce
condition Congress has not exercised its commerce power over the subject
state regulation is valid unless preempted by federal legislation
constitutionalBasis Commerce Clause of the U.S. Constitution NERFINISHED
negative (dormant) implications of the Commerce Clause
corePrinciple states may regulate aspects of interstate commerce that are local in nature unless and until Congress acts
derivedFrom Cooley v. Board of Wardens NERFINISHED
distinguishes subjects of commerce that are local and diverse in character
subjects of commerce that demand national uniformity
effect allows concurrent state and federal regulatory authority in some areas of commerce
precludes state regulation where Congress has occupied the field
goal balance national economic unity with state regulatory autonomy
historicalOriginCase Cooley v. Board of Wardens, 53 U.S. (12 How.) 299 (1852) NERFINISHED
influencedBy federalism principles
jurisdiction United States constitutional law NERFINISHED
legalStatus recognized doctrine in U.S. Supreme Court jurisprudence
limits state power over subjects of commerce requiring national uniformity
permits state regulation of local aspects of interstate commerce
relatedDoctrine police powers of the states
preemption
relatedTo Dormant Commerce Clause NERFINISHED
requires assessment whether the subject of regulation is national or local in nature
testType subject-based test for state regulation of commerce
usedIn Supreme Court Dormant Commerce Clause analysis

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Opinion in Cooley v. Board of Wardens (1852) doctrine selective exclusiveness doctrine