FREE BOOKS

Author's List




PREV.   NEXT  
|<   862   863   864   865   866   867   868   869   870   871   872   873   874   875   876   877   878   879   880   881   882   883   884   885   886  
887   888   889   890   891   892   893   894   895   896   897   898   899   900   901   902   903   904   905   906   907   908   909   910   911   >>   >|  
State law, had sold milk to the United States for consumption by troops at an army camp located on land belonging to the State, at prices below the minima established by the Commission.[25] The majority was unable to find in Congressional legislation, or in the Constitution, unaided by Congressional enactment, any immunity from such price-fixing regulations. On the same day, a different majority held that California could not penalize a milk dealer for selling milk to the War Department at less than the minimum price fixed by State law where the sales and deliveries were made in a territory which had been ceded to the Federal Government by the State and were subject to the exclusive jurisdiction of the former.[26] OBLIGATION OF STATE COURTS UNDER THE SUPREMACY CLAUSE The Constitution, laws and treaties of the United States are as much a part of the law of every State as its own local laws and Constitution. Their obligation "is imperative upon the State judges, in their official and not merely in their private capacities. From the very nature of their judicial duties, they would be called upon to pronounce the law applicable to the case in judgment. They were not to decide merely according to the laws or Constitution of the State, but according to the laws and treaties of the United States--'the supreme law of the land.'"[27] State courts have both the power and the duty to enforce obligations arising under federal law, unless Congress gives the federal courts exclusive jurisdiction. The power of State courts to entertain such suits was affirmed in Claflin _v._ Houseman[28] in 1876, thus setting at rest the doubts which had been raised by an early dictum of Justice Story.[29] In the Claflin case Justice Bradley asserted on behalf of a unanimous court that: "If an Act of Congress gives a penalty to a party aggrieved, without specifying a remedy for its enforcement, there is no reason why it should not be enforced, if not provided otherwise by some act of Congress, by a proper action in a State court. The fact that a State court derives its existence and functions from the State laws is no reason why it should not afford relief, because it is subject also to the laws of the United States, and is just as much bound to recognize these as operative within the State as it is to recognize the State laws."[30] When the Supreme Court of Connecticut held that rights created by the Federal Employer's Liability Acts could not be
PREV.   NEXT  
|<   862   863   864   865   866   867   868   869   870   871   872   873   874   875   876   877   878   879   880   881   882   883   884   885   886  
887   888   889   890   891   892   893   894   895   896   897   898   899   900   901   902   903   904   905   906   907   908   909   910   911   >>   >|  



Top keywords:

United

 

States

 
Constitution
 

courts

 

Congress

 

Federal

 

treaties

 
Claflin
 

federal

 

exclusive


jurisdiction

 

Justice

 

subject

 

reason

 
Congressional
 

recognize

 

majority

 

setting

 

Supreme

 

doubts


dictum

 

operative

 
raised
 
arising
 
obligations
 

enforce

 
Liability
 

Employer

 
created
 
Connecticut

Houseman
 

affirmed

 
rights
 
entertain
 

functions

 

existence

 
derives
 
afford
 

enforcement

 
enforced

action

 

proper

 

provided

 

remedy

 

relief

 

unanimous

 
behalf
 

asserted

 
Bradley
 

penalty