Interstate Relations: The Neglected Dimension of Federalism

By Joseph F. Zimmerman | Go to book overview

proceedings of each state; authorizing Congress to regulate interstate commerce; and empowering the U.S. Supreme Court to adjudicate interstate suits.

The limitations of interstate compacts were analyzed in Chapter 3 and problems associated with full faith and credit were described in Chapter 4. The failure of Congress to exercise in a comprehensive manner its power to regulate interstate commerce to promote uniformity of regulation was highlighted in Chapter 7. Although the judiciary, particularly the U.S. Supreme Court, plays a major role in invalidating discriminatory state legislation of all types, the judiciary may not initiate action.

State legislatures recognize the desirability of uniform national policies, but on occasion enact nonuniform statutes because of pressure from powerful interest groups. Nevertheless, each state participates in the National Conference of Commissioners of Uniform State Laws which has a mixed record of achievement. Model acts are promoted by other organizations, and their record also has been a mixed one.

States also cooperate with each other on the basis of permanent administrative agreements covering a wide range of topics, including vehicle moving violations, cleaning up polluted areas, and provision of personnel and equipment in emergency situations. State administrative officials also cooperate with each other on an ad hoc basis as illustrated by attorneys general filing joint suits against alleged perpetrators of consumer fraud.

Twenty-four states have commissions or other organizations concerned with state-local relations which could be restructured to concentrate on interstate relations as well as state-local relations. In addition, national and regional associations promote formal and informal interstate cooperation, including enactment of uniform statutes and model acts.

Congress undoubtedly possesses the most power to promote interstate cooperation and to establish a uniform law on numerous subjects throughout the United States. Although several innovative statutes promoting uniform state laws have been enacted by Congress, these statutes have a relatively limited scope. Chapter 11 assesses the current state of interstate relations and advances recommendations for improving such relations and promoting the enactment of uniform state laws.


NOTES
1
Joseph F. Zimmerman, Contemporary American Federalism: The Growth of National Power ( Leicester: Leicester University Press, 1992), pp. 6-7.
2
Pacific Employers Insurance Company v. Industrial Accident Commission, 206 U.S. 493 at 501 ( 1939), and Hughes v. Fetter, 341 U.S. 609 ( 1951).
3
Paul v. Virginia, 75 U.S. 1 ( 1868).
4
United States v. South-Eastern Underwriters Association, 322 U.S. 533 ( 1944), and McCaffan-Ferguson Act of 1945, 59 Stat. 33, 15 U.S.C.A. § 1011 ( 1976).
5
For details, see Sandra B. McCray, "Federal Preemption of State Regulation of Insurance: End of a 200 Year Era"? Publius, Fall 1993, pp. 33-47.

-207-

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Interstate Relations: The Neglected Dimension of Federalism
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • 1 - Relations between States 1
  • Notes 13
  • 2 - Referee Role of the Supreme Court 17
  • Notes 29
  • 3 - Interstate Compacts and Agreements 33
  • Notes 55
  • 4 - Full Faith and Credit 59
  • Notes 81
  • 5 - Privileges and Immunities 87
  • Notes 99
  • 6 - Refidition of Fugitives from Justice 103
  • Notes 114
  • 7 - Interstate Economic Protectionism 117
  • Notes 136
  • 8 - Interstate Competition for Tourists, Sports Franchises, and Business Firms 141
  • Notes 158
  • 9 - Interstate Tax Revenue Competition 161
  • Notes 180
  • 10 - Formal and Informal Interstate Cooperation 185
  • Notes 207
  • 11 - Model for Improved Interstate Relations 213
  • Notes 233
  • Bibliography 237
  • Index 259
  • About the Author *
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