According to the Constitution, Congress has the sole authority to regulate commerce with foreign nations, and among
Question:
According to the Constitution, Congress has the sole authority to "regulate commerce with foreign nations, and among the several states". As a further result of the Supremacy Clause in the Constitution, whenever a state statute or regulation conflicts with a federal statute or regulation, the state enactment becomes void and cannot be enforced. As an example, several western states attempted to ban tandem trailers of the type frequently operated by United Parcel Service and the United States Postal Service during the 1970s. Those statutes were invalidated.
In 1949, the State of New Jersey enacted Retail Gasoline Dispensing Safety Act (N.J.S.A. 34:3A-4 et seq.), which prohibits motorists from pumping their own gas at service stations in the Garden State. Selling gas along highways clearly involves interstate commerce. Why are New Jersey and Oregon the only states where this is not allowed?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts