selective exclusiveness doctrine

E879783

The selective exclusiveness doctrine is a constitutional principle derived from Cooley v. Board of Wardens that allows states to regulate aspects of interstate commerce that are local in nature unless and until Congress chooses to act.

All labels observed (1)

Label Occurrences
selective exclusiveness doctrine canonical 1

How this entity was disambiguated

Statements (31)

Predicate Object
instanceOf constitutional doctrine ⓘ
dormant Commerce Clause doctrine ⓘ
addresses division of regulatory authority between federal government and states ⓘ
alternativeName Cooley doctrine ⓘ
appliesTo interstate commerce ⓘ
state regulation of commerce ⓘ
appliesWhen a state law affects interstate commerce but concerns a local matter ⓘ
basedOn distinction between national and local subjects of commerce ⓘ
condition Congress has not exercised its commerce power over the subject ⓘ
state regulation is valid unless preempted by federal legislation ⓘ
constitutionalBasis Commerce Clause of the U.S. Constitution ⓘ
linked to: Commerce Clause

negative (dormant) implications of the Commerce Clause ⓘ
corePrinciple states may regulate aspects of interstate commerce that are local in nature unless and until Congress acts ⓘ
derivedFrom Cooley v. Board of Wardens ⓘ
distinguishes subjects of commerce that are local and diverse in character ⓘ
subjects of commerce that demand national uniformity ⓘ
effect allows concurrent state and federal regulatory authority in some areas of commerce ⓘ
precludes state regulation where Congress has occupied the field ⓘ
goal balance national economic unity with state regulatory autonomy ⓘ
historicalOriginCase Cooley v. Board of Wardens, 53 U.S. (12 How.) 299 (1852) ⓘ
influencedBy federalism principles ⓘ
jurisdiction United States constitutional law ⓘ
legalStatus recognized doctrine in U.S. Supreme Court jurisprudence ⓘ
limits state power over subjects of commerce requiring national uniformity ⓘ
permits state regulation of local aspects of interstate commerce ⓘ
relatedDoctrine police powers of the states ⓘ
preemption ⓘ
relatedTo Dormant Commerce Clause ⓘ
requires assessment whether the subject of regulation is national or local in nature ⓘ
testType subject-based test for state regulation of commerce ⓘ
usedIn Supreme Court Dormant Commerce Clause analysis ⓘ

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Opinion in Cooley v. Board of Wardens (1852) → doctrine → selective exclusiveness doctrine ⓘ