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State Constitutional and Statutory Provisions and Municipal Ordinances Held Unconstitutional Or Held to Be Preempted by Federal Law (1789–2002)

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State Constitutional and Statutory Provisions and Municipal Ordinances Held Unconstitutional Or Held to Be Preempted by Federal Law (1789–2002) STATE CONSTITUTIONAL AND STATUTORY PROVISIONS AND MUNICIPAL ORDINANCES HELD UNCONSTITUTIONAL OR HELD TO BE PREEMPTED BY FEDERAL LAW (1789–2002) 2161 VerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00001 Fmt 8221 Sfmt 8221 C:\CONAN\CON064.SGM PRFM99 PsN: CON064 VerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00002 Fmt 8221 Sfmt 8221 C:\CONAN\CON064.SGM PRFM99 PsN: CON064 STATE CONSTITUTIONAL AND STATUTORY PRO- VISIONS AND MUNICIPAL ORDINANCES HELD UNCONSTITUTIONAL OR HELD TO BE PRE- EMPTED BY FEDERAL LAW Three separate lists of Supreme Court decisions appear below: part I lists cases holding state constitutional or statutory provisions unconstitu- tional, part II lists cases holding local laws unconstitutional, and part III lists cases holding that state or local laws are preempted by federal law. Each case is briefly summarized, and the votes of Justices are indicated un- less the Court’s decision was unanimous. Previous editions contained only two lists, one for cases holding state laws unconstitutional or preempted by federal law, and one for unconstitutional or preempted local laws. The 2002 edition adds the third category because of the different nature of preemption cases. State or local laws held to be preempted by federal law are void not due to repugnancy with any provision of the Constitution, but rather due to conflict with a federal statute or treaty, and through operation of the Su- premacy Clause. Preemption cases formerly listed in one of the first two cat- egories have been moved to the third. A few cases with multiple holdings are listed in more than one category. I. STATE LAWS HELD UNCONSTITUTIONAL 1. United States v. Peters, 9 U.S. (5 Cr.) 115 (1809) A Pennsylvania statute prohibiting the execution of any process issued to enforce a certain sentence of a federal court, on the ground that the federal court lacked jurisdiction in the cause, could not oust the federal court of jurisdiction. A state statute purporting to annul the judgment of a court of the United States and to destroy rights ac- quired thereunder is without legal foundation. 2. Fletcher v. Peck, 10 U.S. (6 Cr.) 87 (1810) A Georgia statute annulling conveyance of public lands author- ized by a prior enactment was violative of the obligation of contracts clause (Art. I, § 10) of the Constitution. Justices concurring: Marshall, C.J., Washington, Livingston, Todd. Justice dissenting: Johnson (in part). 3. New Jersey v. Wilson, 11 U.S. (7 Cr.) 164 (1812). A New Jersey law purporting to repeal an exemption from tax- ation contained in a prior enactment conveying certain lands was vio- lative of the obligation of contracts clause (Art. I, § 10). 4. Terrett v. Taylor, 13 U.S. (9 Cr.) 43 (1815). Although subsequently cited as a contract clause case (Piqua Branch Bank v. Knoop, 57 U.S. (16 How.) 369, 389 (1853)), the Court 2163 VerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00003 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064 2164 STATE LAWS HELD UNCONSTITUTIONAL in the instant decision, without referring to the obligation of contracts clause (Art. I, § 10), voided, as contrary to the principles of natural justice, two Virginia acts which purported to divest the Episcopal Church of title to property ‘‘acquired under the faith of previous laws.’’ 5. Sturges v. Crowninshield, 17 U.S. (4 Wheat.) 122 (1819). Retroactive operation of a New York insolvency law to discharge the obligation of a debtor on a promissory note negotiated prior to its adoption violated the obligation of contracts clause (Art. I, § 10). 6. McMillan v. McNeil, 17 U.S. (4 Wheat.) 209 (1819). A Louisiana insolvency law had no extraterritorial operation, and although adopted in 1808, its invocation to relieve a debtor of an obli- gation contracted by him in 1811, while a resident of South Carolina, offended the obligation of contracts clause (Art. I, § 10). 7. McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819). Under the principle of national supremacy (Art. VI) whereunder instrumentalities of the Federal Government are immune from state taxation, a Maryland law imposing a tax on notes issued by a branch of the Bank of United States was held unconstitutional. 8. Dartmouth College v. Woodward, 17 U.S. (4 Wheat.) 518 (1819). A New Hampshire law which altered a charter granted to a pri- vate eleemosynary corporation by the British Crown prior to the Rev- olution was deemed violative of the obligation of contracts clause (Art. I, § 10). Justices concurring: Marshall, C.J., Washington, Johnson, Livingston, Story. Justice dissenting: Duvall. 9. Farmers’ and Mechanics’ Bank v. Smith, 19 U.S. (6 Wheat.) 131 (1821). A Pennsylvania insolvency law, insofar as it purported to dis- charge a debtor from obligations contracted prior to its passage, was violative of the obligation of contracts clause (Art. I, § 10). 10. Green v. Biddle, 21 U.S. (8 Wheat.) 1 (1823). Inasmuch as the compact between Virginia and Kentucky nego- tiated on the occasion of the separation of the latter from the former stipulated that rights in lands within the ceded area should remain valid and secure under the laws of Kentucky, and should be deter- mined by Virginia law as of the time of separation, a subsequent Ken- tucky law which diminished the rights of a lawful owner by reducing the scope of his remedies against an adverse possessor violated the obligation of contracts clause (Art. I, § 10) Justice concurring: Johnson (separately). VerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00004 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064 STATE LAWS HELD UNCONSTITUTIONAL 2165 11. Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824). An Ohio statute levying a tax on the Bank of the United States, a federal instrumentality, was unenforceable (Art VI). Justices concurring: Marshall, C.J., Washington, Todd, Duvall, Story, Thomp- son. Justice dissenting: Johnson. 12. Ogden v. Saunders, 25 U.S. (12 Wheat.) 213 (1827). Although a New York insolvency law may be applied to discharge a debt contracted subsequently to the passage of such law, the statute could not be accorded extraterritorial enforcement to the extent of dis- charging a claim sought to be collected by a citizen of another State either in a federal court or in the courts of other States. Justices concurring: Johnson, Marshall, C.J., Duvall, Story. Justices dissenting: Washington, Thompson, Trimble. 13. Brown v. Maryland, 25 U.S. (12 Wheat.) 419 (1827). A Maryland statute which required an importer to obtain a li- cense before reselling in the original package articles imported from abroad was in conflict with the federal power to regulate foreign com- merce (Art. I, § 8, cl. 3) and with the constitutional provision (Art. I, § 10, cl. 2) prohibiting States from levying import duties. Justices concurring: Marshall, C.J., Washington, Johnson, Duvall, Story, Trimble. Justice dissenting: Thompson. 14. Craig v. Missouri, 29 U.S. (4 Pet.) 410 (1830). A Missouri act, under the authority of which certificates in de- nominations of 50 to $10 were issued, payable in discharge of taxes or debts owned to the State and of salaries due public officers violated the constitutional prohibition (Art. I, § 10, cl. 10) against emission of ‘‘bills of credit’’ by States. Justices concurring: Marshall, C.J., Duvall, Story, Baldwin. Justices dissenting: Johnson, Thompson, McLean. 15. Boyle v. Zacharie, 31 U.S. (6 Pet.) 635 (1832). Consistently with the principle of Ogden v. Saunders, a Maryland insolvency law could not be invoked to effect discharge of an obliga- tion contracted in Louisiana subsequently to its passage. 16. Dobbins v. Commissioners of Erie County, 41 U.S. (16 Pet.) 435 (1842). A Pennsylvania law which diminished the compensation of a federal of- ficer by subjecting him to county taxes imposed an invalid burden on a federal instrumentality (Art. VI). VerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00005 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064 2166 STATE LAWS HELD UNCONSTITUTIONAL 17. Prigg v. Pennsylvania, 41 U.S. (16 Pet.) 539 (1842). A Pennsylvania statute (1826) which penalized an owner’s recov- ery of a runaway slave was violative of Art. IV, § 2, cl. 3, as well as federal implementing legislation. Justices concurring: Story, Catron, McKinley, Taney, C.J. (separately), Thomp- son (separately), Baldwin (separately), Wayne (separately), Daniel (sepa- rately), McLean (separately). 18. Bronson v. Kinzie, 42 U.S. (1 How.) 311 (1843). Illinois mortgage moratorium law which, when applied to a mort- gage negotiated prior to its passage, reduced the remedies of the mortgage lender by conferring a new right of redemption upon a de- faulting borrower, impaired an obligation of contract contrary to Art. I, § 10, of the Constitution. Justices concurring: Taney, C.J., Baldwin, Wayne, Catron, Daniel. Justice dissenting: McLean. 19. McCracken v. Hayward, 43 U.S. (2 How.) 608 (1844). Illinois mortgage moratorium law, which, when applied to a mort- gage executed prior to its passage, diminished remedies of the mort- gage lender by prohibiting consummation of a foreclosure unless the foreclosure price equaled two-thirds of the value of the mortgaged property, impaired the lender’s obligation of contract contrary to Art. I, § 10, of the Constitution. 20. Gordon v. Appeal Tax Court, 44 U.S. (3 How.) 133 (1845). As to stockholders of Maryland state banks afforded an exemp- tion under prior act of 1821, Maryland statute of 1841 taxing these stockholders impaired the obligation of contract. 21. Planters’ Bank v. Sharp, 47 U.S.
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