Federal Preemption of State Energy Policies: Hearings Before the Subcommittee on Limitations of Contracted and Delegated Authority of the Committee on the Judiciary, United States Senate, Ninety-sixth Congress, Second Session, on the Federal Preemption of State Energy Policies, October 14 and 20, 1980U.S. Government Printing Office, 1981 - 194 páginas |
Otras ediciones - Ver todas
Términos y frases comunes
10th amendment Attorney General GREELY authority bill Chairman coal development coal severance tax coal tax Colorado Colstrip commerce clause committee CONGRESS THE LIBRARY congressional constitutional constitutionally costs DANIELSON deadlines decision decisionmaking delay DONEY DORGAN economic EMB proposal enacted energy development Energy Mobilization Board energy policy environmental FALLS TRIBUNE Federal agencies federal courts Federal Government Federal law Federal preemption going hearing impact impose industry interests interstate commerce involved issue judicial review Judiciary jurisdiction land League of Cities legislation Legislature LIBRARY OF CONGRESS limit Max Baucus MCELWAIN ment Montana National League natural resources North Dakota oil shale override percent permitting plants priority energy projects procedures Professor BATTLE Professor LAITOS question regulations regulatory revenue schedule Senator BAUCUs Siting Act State's statement strip mining Supreme Court synthetic fuels testimony Thank thing tion trust fund U.S. Supreme Court waive waiver WESTPO Wyoming
Pasajes populares
Página 55 - ... controlling question is whether the state has given anything for which it can ask return." Since by "the practical operation of [the] tax the state has exerted its power in relation to opportunities which it has given, to protection which it has afforded, to benefits which it has conferred . . ." it "is free to pursue its own fiscal policies, unembarrassed by the Constitution . . . .
Página 158 - We hold that insofar as the challenged amendments operate to directly displace the States' freedom to structure integral operations in areas of traditional governmental functions, they are not within the authority granted Congress by Art.
Página 59 - Amendment has been characterized as a 'truism,' stating merely that 'all is retained which has not been surrendered," United States v. Darby, 312 US 100, 124 (1941), it is not without significance. The Amendment expressly declares the constitutional policy that Congress may not exercise power in a fashion that impairs the States' integrity or their ability to function effectively in a federal system.
Página 50 - Any act of congress which plainly and directly tends to enhance the respect and love of the citizen for the institutions of his country, and to quicken and strengthen his motives to defend them, and which Is germane to, and intimately connected with, and appropriate to, the exercise of some one or all of the powers granted by congress, must be valid.
Página 63 - The subcommittee will come to order. This is the second in a series of hearings which this subcommittee intends to conduct on HR 13008.
Página 125 - It is composed of the chief executive officers of corporations in the states of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah and Wyoming.
Página 55 - A governmental body has an obvious interest in making those who specifically benefit from its services pay the cost and, provided that the charge is structured to compensate the government for the benefit conferred, there can be no danger of the kind of interference with constitutionally valued activity that the clauses -were designed to prohibit.
Página 47 - ... however trifling or insignificant may be the amount involved in the particular case. The citizens of a free government are justly jealous of their constitutional rights and privileges, and this should be attributed to them as a virtue rather than a fault. It keeps them on the alert and inspires them with courage and determination in their efforts to resist the aggressions of arbitrary power. It is just as obligatory upon the citizen to resist encroachments upon his rights and liberties guaranteed...
Página 154 - This Court has never doubted that there are limits upon the power of Congress to override state sovereignty, even when exercising its otherwise plenary powers to tax or to regulate commerce which are conferred by Art. I of the Constitution.
Página 20 - In 1979, joint hearings were held by the Subcommittee on Energy and Power of the House Committee on Interstate and Foreign Commerce...