Corporate Internal Affairs and the Constitution

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1 Response

  1. Frank says:

    Hmmm–I seem to recall that the big debates in several admin cases involved discussions over whether the states could regulate better than the federal government. For example, there was the Farmworkers case involving sanitation for fieldworkers; the Reagan administration insisted that states could do this better than the feds.

    On the other hand, in the woodstove regulatory negotiation, the manufacturers were worried about 50 different state standards and wanted the feds to intervene.

    But on the constitutional level, I don’t know. I think some car manufacturers may challenge California’s more aggressive car regulation on those grounds, but it seems like they have succeeded in the past at setting a de facto national standard by doing more than the feds. On the other hand, credit reporting legislation (and perhaps some other bank stuff under Graham-Leach-Bliley) appears to have preempted state standards.