reeves
stake
argued
april
decided
june
years
south
dakota
operated
cement
plant
produced
cement
state
residents
buyers
cement
shortage
state
cement
commission
announced
policy
confine
sale
cement
state
plant
residents
state
policy
forced
petitioner
concrete
distributor
one
buyers
cut
production
severely
petitioner
brought
suit
federal
district
challenging
policy
granted
injunctive
relief
ground
policy
violated
commerce
clause
appeals
reversed
ground
state
simply
acted
proprietary
capacity
held
south
dakota
program
sale
cement
violate
commerce
clause
pp
nothing
purposes
animating
commerce
clause
prohibits
state
absence
congressional
action
participating
market
exercising
right
favor
citizens
others
hughes
alexandria
scrap
pp
commerce
clause
responds
principally
state
taxes
regulatory
measures
impeding
free
private
trade
national
indication
constitutional
plan
limit
ability
operate
freely
free
market
restraint
area
also
counseled
considerations
state
sovereignty
state
role
guardian
trustee
people
recognized
right
trader
exercise
discretion
parties
deal
moreover
state
proprietary
activities
often
burdened
restrictions
private
market
participants
case
illustrates
competing
considerations
cases
involving
state
proprietary
action
often
subtle
complex
politically
charged
difficult
assess
traditional
commerce
clause
analysis
given
factors
adjustment
interests
context
rule
better
suited
congress
pp
arguments
invalidating
south
dakota
program
state
long
exploited
interstate
market
cement
permitted
withdraw
shortage
arises
program
responds
solely
nongovernmental
objective
protectionism
hoarding
may
undesirable
consequences
program
places
south
dakota
suppliers
concrete
competitive
advantage
market
south
dakota
acted
free
market
forces
generated
appropriate
level
supply
free
market
prices
buyers
region
weak
best
whatever
residual
force
inheres
offset
countervailing
considerations
policy
fairness
invalidate
program
discourage
similar
state
projects
rob
south
dakota
intended
benefit
foresight
risk
industry
pp
blackmun
delivered
opinion
burger
stewart
marshall
rehnquist
joined
powell
filed
dissenting
opinion
brennan
white
stevens
joined
post
dennis
kirven
argued
cause
filed
brief
petitioner
william
janklow
argued
cause
respondents
brief
michael
demersseman
curtis
jensen
justice
blackmun
delivered
opinion
issue
case
whether
consistent
commerce
clause
art
cl
state
south
dakota
time
shortage
may
confine
sale
cement
produces
solely
residents
south
dakota
undertook
plans
build
cement
plant
project
product
state
prevailing
progressive
political
movement
initiated
response
recent
regional
cement
shortages
interfered
delayed
public
private
enterprises
threatening
people
state
eakin
south
dakota
state
cement
south
dakota
cement
commission
anticipated
hat
ready
market
entire
output
plant
within
state
report
state
cement
commission
plant
however
located
rapid
city
soon
produced
cement
south
dakotans
use
years
buyers
less
nine
nearby
purchased
cement
state
plant
app
plant
output
went
outside
state
plant
list
cement
buyers
included
petitioner
reeves
reeves
concrete
distributor
organized
wyoming
law
facilities
buffalo
gillette
sheridan
wyo
beginning
operations
reeves
purchased
cement
south
dakota
plant
purchases
turn
reeves
supplied
three
northwestern
wyoming
counties
half
concrete
needs
years
relationship
reeves
south
dakota
cement
plant
amicable
uninterrupted
mutually
profitable
construction
season
approached
difficulties
plant
slowed
production
meanwhile
booming
construction
industry
spurred
demand
cement
regionally
nationally
plant
found
unable
meet
orders
faced
type
serious
cement
shortage
inspired
plant
construction
commission
reaffirmed
policy
supplying
south
dakota
customers
first
honor
contract
commitments
remaining
volume
allocated
first
come
first
served
basis
ibid
reeves
supply
contract
hit
hard
quickly
development
june
plant
informed
reeves
continue
fill
reeves
orders
july
turned
away
reeves
truck
unable
find
another
supplier
reeves
forced
cut
production
july
reeves
brought
suit
commission
challenging
plant
policy
preferring
south
dakota
buyers
seeking
injunctive
relief
conducting
hearing
receiving
briefs
affidavits
district
found
substantial
issue
material
fact
permanently
enjoined
commission
practice
reasoned
south
dakota
hoarding
inimical
national
free
market
envisioned
commerce
clause
appeals
eighth
circuit
reversed
reeves
kelley
concluded
state
simply
acted
proprietary
capacity
permitted
hughes
alexandria
scrap
petitioner
sought
certiorari
granted
petition
vacated
judgment
remanded
case
consideration
hughes
oklahoma
reeves
kelley
remand
appeals
distinguished
case
relying
alexandria
scrap
abided
previous
holding
reeves
kelley
granted
reeves
petition
certiorari
consider
impact
commerce
clause
state
proprietary
activity
ii
alexandria
scrap
concerned
maryland
program
designed
remove
abandoned
automobiles
state
roadways
junkyards
encourage
recycling
bounty
offered
every
junk
car
converted
scrap
processors
located
outside
maryland
eligible
collect
subsidies
legislation
initially
enacted
required
processor
seeking
bounty
present
documentation
evidencing
ownership
wrecked
car
requirement
however
apply
hulks
inoperable
automobiles
eight
years
old
statute
amended
extend
documentation
requirements
hulks
comprised
large
majority
junk
cars
processed
departing
prior
practice
new
law
imposed
exacting
documentation
requirements
processors
making
less
remunerative
suppliers
transfer
vehicles
outside
maryland
reform
triggered
precipitate
decline
number
hulks
supplied
appellee
virginia
plant
maryland
sources
indeed
practical
effect
substantially
maryland
withdrawn
altogether
availability
bounties
hulks
delivered
unlicensed
suppliers
licensed
processors
see
dissenting
opinion
invoking
commerce
clause
district
struck
legislation
supp
md
observed
amendment
imposed
substantial
burdens
upon
free
flow
interstate
commerce
reasoned
discriminatory
program
least
disruptive
means
achieving
state
articulated
objective
see
generally
pike
bruce
church
reversed
recognized
persuasiveness
lower
analysis
inherent
restrictions
commerce
clause
deemed
applicable
view
however
alexandria
scrap
involve
kind
action
commerce
clause
concerned
unlike
prior
cases
voiding
state
laws
inhibiting
interstate
trade
maryland
sought
prohibit
flow
hulks
regulate
conditions
may
occur
instead
entered
market
bid
price
purchaser
effect
potential
article
interstate
commerce
restricted
trade
citizens
businesses
within
state
characterized
maryland
market
participant
rather
market
regulator
found
reason
believe
commerce
clause
intended
require
independent
justification
state
action
couched
holding
unmistakably
broad
terms
nothing
purposes
animating
commerce
clause
prohibits
state
absence
congressional
action
participating
market
exercising
right
favor
citizens
others
omitted
basic
distinction
drawn
alexandria
scrap
market
participants
market
regulators
makes
good
sense
sound
law
case
explains
commerce
clause
responds
principally
state
taxes
regulatory
measures
impeding
free
private
trade
national
marketplace
citing
hood
sons
du
mond
referring
home
embargoes
customs
duties
regulations
excluding
imports
indication
constitutional
plan
limit
ability
operate
freely
free
market
see
tribe
american
constitutional
law
commerce
clause
directed
historical
matter
regulatory
taxing
actions
taken
sovereign
capacity
precedents
comport
distinction
restraint
area
also
counseled
considerations
state
sovereignty
role
state
guardian
trustee
people
heim
mccall
quoting
atkin
kansas
long
recognized
right
trader
manufacturer
engaged
entirely
private
business
freely
exercise
independent
discretion
parties
deal
colgate
moreover
state
proprietary
activities
may
often
burdened
restrictions
imposed
private
market
participants
evenhandedness
suggests
acting
proprietors
similarly
share
existing
freedoms
federal
constraints
including
inherent
limits
commerce
clause
see
state
ex
rel
collins
senatobia
blank
book
stationery
miss
tribune
printing
binding
barnes
finally
case
illustrates
competing
considerations
cases
involving
state
proprietary
action
often
subtle
complex
politically
charged
difficult
assess
traditional
commerce
clause
analysis
given
factors
alexandria
scrap
wisely
recognizes
rule
adjustment
interests
context
task
better
suited
congress
iii
south
dakota
seller
cement
unquestionably
fits
market
participant
label
comfortably
state
acting
subsidize
local
scrap
processors
thus
general
rule
alexandria
scrap
plainly
applies
petitioner
argues
however
exemption
marketplace
participation
necessarily
admits
exceptions
conceding
possibility
perceive
case
sufficient
reason
depart
general
rule
finding
commerce
clause
violation
district
emphasized
commission
made
election
become
part
interstate
commerce
system
app
gist
reasoning
repeated
petitioner
one
good
turn
deserves
another
long
exploited
interstate
market
south
dakota
permitted
withdraw
shortage
arises
argument
persuasive
somewhat
say
south
dakota
exploited
interstate
market
equally
fair
characterization
neighboring
long
benefited
south
dakota
foresight
industry
viewed
light
surprising
alexandria
scrap
rejected
argument
maryland
legislation
challenged
invalid
cars
abandoned
maryland
processed
neighboring
five
years
alexandria
scrap
must
conclude
chronology
distinguish
case
commerce
clause
purposes
one
state
offered
cement
domestic
buyers
start
rejection
petitioner
theory
fundamentally
refocuses
analysis
means
reverse
void
south
dakota
residents
policy
even
enforced
plant
first
days
holding
however
interfere
significantly
state
ability
structure
relations
exclusively
citizens
also
threaten
future
fashioning
effective
creative
programs
solving
local
problems
distributing
government
largesse
see
supra
healthy
regard
federalism
good
government
renders
us
reluctant
risk
results
stay
experimentation
things
social
economic
grave
responsibility
denial
right
experiment
may
fraught
serious
consequences
nation
one
happy
incidents
federal
system
single
courageous
state
may
citizens
choose
serve
laboratory
try
novel
social
economic
experiments
without
risk
rest
country
new
state
ice
liebmann
brandeis
dissenting
undaunted
considerations
petitioner
advances
four
arguments
reversal
first
petitioner
protests
south
dakota
preference
residents
responds
solely
objectiv
protectionism
brief
petitioner
therefore
petitioner
argues
policy
per
se
invalid
see
philadelphia
new
jersey
find
label
protectionism
little
help
context
state
refusal
sell
buyers
south
dakotans
protectionist
sense
limits
benefits
generated
state
program
fund
state
treasury
state
created
serve
petitioner
argument
apparently
also
characterize
protectionist
rules
restricting
state
residents
enjoyment
state
educational
institutions
energy
generated
plant
police
fire
protection
agricultural
improvement
business
development
programs
policies
perhaps
protectionist
loose
sense
reflect
essential
patently
unobjectionable
purpose
state
government
serve
citizens
state
second
petitioner
echoes
district
warning
state
union
allowed
hoard
commodities
resources
use
residents
drastic
situation
might
evolve
example
pennsylvania
wyoming
might
keep
coal
northwest
timber
mining
minerals
result
embargo
may
retaliated
embargo
commerce
halted
state
lines
app
third
suggested
south
dakota
program
infirm
places
south
dakota
suppliers
concrete
competitive
advantage
market
wyoming
suppliers
petitioner
little
chance
south
dakota
suppliers
purchase
cement
state
plant
freely
sell
beyond
south
dakota
borders
force
argument
seriously
diminished
eliminated
several
considerations
argument
necessarily
implies
south
dakota
scheme
unobjectionable
sales
totally
barred
therefore
proves
much
tolerate
even
greater
measure
protectionism
stifling
interstate
commerce
challenged
system
allows
see
technical
sales
north
jersey
dist
water
supply
odd
indeed
find
state
becomes
less
parochial
purpose
becomes
suspect
commerce
clause
cf
pike
bruce
church
extent
burden
tolerated
course
depend
whether
state
interest
promoted
well
lesser
impact
interstate
activities
forgotten
alexandria
scrap
approved
state
program
effectively
protect
ed
scrap
processors
existing
plants
maryland
pressures
competitors
nearby
plants
implicitly
offer
ed
extend
similar
protection
competitor
willing
erect
scrap
processing
facility
within
maryland
boundaries
finally
competitive
plight
suppliers
laid
solely
feet
south
dakota
attributable
well
providing
attracting
alternative
sources
supply
suppliers
failure
guard
shortages
executing
supply
contracts
south
dakota
plant
last
argument
petitioner
urges
south
dakota
acted
free
market
forces
generated
appropriate
level
supply
free
market
prices
buyers
region
replaced
free
market
forces
south
dakota
forced
replicate
free
market
operated
prevailing
conditions
argument
appears
us
simplistic
speculative
reason
south
dakota
built
plant
free
market
failed
adequately
supply
region
cement
see
supra
indication
way
know
private
industry
moved
petitioner
market
area
ensured
supply
cement
petitioner
either
prior
construction
season
indeed
quite
possible
petitioner
never
existed
far
less
operated
successfully
years
south
dakota
cement
conclude
arguments
invalidating
south
dakota
program
weak
best
whatever
residual
force
inheres
offset
countervailing
considerations
policy
fairness
reversal
discourage
similar
state
projects
even
though
project
demonstrably
served
needs
state
residents
helped
entire
region
half
century
reversal
also
rob
south
dakota
intended
benefit
foresight
risk
industry
circumstances
reason
depart
general
rule
alexandria
scrap
judgment
appeals
affirmed
ordered
footnotes
backdrop
south
dakota
cement
project
initiated
described
schell
history
south
dakota
ed
although
majority
voters
seemingly
subscribed
philosophy
question
far
republican
administration
pierre
go
fulfilling
campaign
promises
governor
norbeck
entered
upon
second
term
urged
state
hail
insurance
law
advocated
steps
toward
coal
mine
cement
plant
stockyards
also
recommended
appropriation
surveying
dam
sites
hydroelectric
development
lawmakers
readily
enacted
recommendations
law
except
stockyards
proposal
retrospect
norbeck
program
must
viewed
part
progressives
campaign
monopolistic
prices
moreover
fervent
desire
make
services
state
government
available
agriculture
basic
tenets
progressive
philosophy
government
ement
finely
ground
manufactured
mineral
product
usually
gray
color
mixed
water
sand
gravel
crushed
stone
aggregates
form
concrete
substance
widely
used
construction
material
world
portland
cement
association
cement
industry
economic
report
ed
concrete
term
applied
ordinary
concrete
mixed
central
depot
instead
construction
site
distributed
special
trucks
encyclopedia
britannica
clear
state
initiated
policy
preferring
south
dakota
customers
record
however
shows
policy
place
least
app
agree
appeals
hughes
oklahoma
bear
analysis
case
involved
state
attempt
prevent
privately
owned
articles
trade
shipped
sold
interstate
commerce
philadelphia
new
jersey
quoting
packing
haydel
thus
involved
precisely
type
activity
distinguished
alexandria
scrap
see
pendency
litigation
economic
conditions
permitted
south
dakota
discontinue
enforcement
policy
agree
parties
however
case
become
moot
least
three
construction
seasons
within
many
decades
cement
plant
unable
nearly
unable
satisfy
demand
see
twelfth
biennial
report
south
dakota
state
cement
commission
app
affidavit
reeves
circumstances
challenged
action
duration
short
fully
litigated
prior
cessation
expiration
reasonable
expectation
complaining
party
subjected
action
weinstein
bradford
maryland
sought
justify
reform
effort
reduce
bounties
paid
processors
cars
abandoned
outside
maryland
district
concluded
maryland
achieve
goal
satisfactorily
simply
restricting
payment
bounties
cars
abandoned
maryland
invoked
rationale
explicitly
reiterating
district
finding
maryland
program
imposed
burdens
upon
free
flow
interstate
commerce
moreover
willing
accept
virginia
processor
characterization
maryland
program
reducing
manner
flow
goods
interstate
commerce
given
concession
unable
accept
dissent
description
alexandria
scrap
case
found
burden
commerce
post
concluded
subsidies
erected
barriers
trade
post
determined
maryland
program
cut
impede
flow
interstate
commerce
post
indeed
even
dissent
present
case
recognizes
maryland
subsidy
program
divert
ed
maryland
processors
post
sure
alexandria
scrap
rejected
argument
bounty
program
constituted
impermissible
burden
interstate
commerce
ibid
emphasis
added
however
solely
maryland
entered
market
thus
analysis
distilled
dissent
alexandria
scrap
see
post
collapses
single
inquiry
whether
challenged
program
constituted
direct
state
participation
market
post
dissent
agrees
question
answered
affirmative
ibid
dissent
central
criticisms
result
reached
seem
south
dakota
policy
emanate
power
governments
supply
needs
threatens
natural
functioning
interstate
market
post
observations
however
apply
equal
force
subsidy
program
challenged
alexandria
scrap
alexandria
scrap
stand
alone
american
yearbook
askew
supp
md
district
upheld
florida
statute
requiring
state
obtain
needed
printing
services
shops
reasoned
state
proprietary
functions
exempt
commerce
clause
scrutiny
affirmed
summarily
numerous
courts
rebuffed
commerce
clause
challenges
directed
similar
preferences
exist
substantial
majority
note
iowa
rev
city
phoenix
superior
citing
american
yearbook
reaffirm
schrey
allison
steel
mfg
denver
bossie
gemmill
idaho
people
ex
rel
holland
bleigh
constr
citing
american
yearbook
state
ex
rel
collins
senatobia
blank
book
stationery
miss
allen
labsap
mo
hersey
neilson
mont
tribune
printing
binding
barnes
see
also
printing
board
public
contracts
miss
luboil
heat
power
pleydell
misc
sup
clear
departure
pattern
people
ex
rel
treat
coler
drew
strong
dissent
uniformly
criticized
later
decisions
see
state
ex
rel
collins
senatobia
blank
book
stationery
supra
allen
labsap
supra
one
case
merits
comment
bethlehem
steel
board
commissioners
cal
app
cal
rptr
struck
california
statute
requiring
state
contract
persons
promised
use
supply
materials
produced
opinion
op
cal
atty
state
attorney
general
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steel
similarly
prohibited
foreign
commerce
clause
statutes
giving
preference
goods
occasion
explore
limits
imposed
state
proprietary
actions
foreign
commerce
clause
constitutionality
buy
american
legislation
compare
bethlehem
steel
supra
technical
sales
north
jersey
dist
water
supply
note
however
commerce
clause
scrutiny
may
well
rigorous
restraint
foreign
commerce
alleged
see
japan
line
county
los
angeles
see
american
yearbook
askew
ad
hoc
inquiry
burdening
interstate
commerce
unduly
interfere
state
proprietary
functions
bring
standstill
considerations
sovereignty
independently
dictate
marketplace
actions
involving
integral
operations
areas
traditional
governmental
functions
employment
certain
state
workers
may
subject
even
congressional
regulation
pursuant
commerce
power
national
league
cities
usery
follows
easily
intrinsic
limits
commerce
clause
prohibit
state
marketplace
conduct
falls
within
sphere
even
integral
operations
implicated
may
fairly
claim
measure
sovereign
interest
retaining
freedom
decide
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deal
term
harv
rev
see
packing
haydel
representative
people
state
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toomer
witsell
concurring
opinion
state
power
provide
citizens
developing
food
supply
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private
transactions
food
products
helvering
gerhardt
concurring
opinion
genius
government
provides
within
sphere
constitutional
action
people
power
determine
conditions
demand
services
functions
public
welfare
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state
buys
sells
attributes
political
entity
private
business
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dismiss
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business
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focus
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state
political
character
post
however
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ike
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individuals
businesses
government
enjoys
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power
produce
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determine
deal
fix
terms
conditions
upon
make
needed
purchases
perkins
lukens
steel
emphasis
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acknowledging
may
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sweepingly
phrased
principle
ignore
similarities
private
business
public
entities
function
marketplace
see
national
league
cities
usery
new
york
california
see
also
lafayette
louisiana
power
light
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alexandria
scrap
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programs
see
note
ind
com
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term
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occasion
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cf
ind
com
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state
money
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processors
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located
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maryland
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practical
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domestic
processors
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distinguish
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commerce
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state
offered
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largesse
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state
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processors
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barrier
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commerce
clause
involved
previous
cases
impedes
movement
state
remain
within
maryland
response
market
forces
including
exerted
money
state
omitted
petitioner
distinguish
alexandria
scrap
involving
state
legislation
designed
advance
nonprotectionist
goal
environmentalism
characterization
oversimplification
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feature
maryland
program
discriminatory
documentation
requirement
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environment
indeed
decreasing
profit
margin
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supplier
expect
receive
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recycling
plant
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justification
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regulation
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payments
processors
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outside
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even
mentioned
rebuffing
virginia
processor
commerce
clause
challenge
indeed
central
point
analysis
demonstration
independent
justification
unnecessary
sustain
state
program
see
note
ind
com
bottom
discrimination
challenged
alexandria
scrap
motivated
concern
underlying
south
dakota
policy
desire
channel
state
benefits
residents
state
supplying
underlying
commendable
well
legitimate
purpose
also
required
certainly
present
establishing
plant
south
dakota
sought
unstartling
governmental
goal
improvement
quality
life
state
generating
supply
previously
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product
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local
construction
governmental
improvements
cement
program
sure
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unorthodox
way
utilize
state
funds
improve
quality
residents
lives
state
project
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governmental
activity
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akin
private
enterprise
conducted
profit
state
may
deem
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mill
irrigation
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bridges
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disposal
plant
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earlier
day
improvident
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extension
state
activities
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today
deemed
indispensable
new
york
dissenting
opinion
south
dakota
cut
access
cement
altogether
policy
bar
resale
south
dakota
cement
purchasers
although
buyer
secondary
market
undoubtedly
pay
markup
borne
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dakota
competitors
result
wholly
unjust
little
question
south
dakota
least
exact
premium
purchases
compensate
state
investment
risk
plan
one
views
added
markup
paid
buyers
south
dakota
middlemen
rough
equivalent
premium
challenged
program
equates
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result
bottom
line
scheme
closely
parallels
result
alexandria
scrap
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suppliers
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market
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compete
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however
must
achieve
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exploit
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advantages
location
offset
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advantage
channeled
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market
behavior
concrete
suppliers
petitioner
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distinguish
alexandria
scrap
ground
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concurring
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clear
however
alexandria
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dissenting
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note
ind
com
term
harv
note
lee
rev
risk
borne
south
dakota
establishing
cement
plant
underestimated
explained
supra
cement
plant
one
several
projects
progressive
state
government
sought
deal
local
problems
fate
similar
projects
illustrates
risk
borne
south
dakota
taxpayers
setting
cement
plant
cost
million
thus
coal
mine
sold
early
estimated
loss
nearly
fourteen
years
operation
legislature
also
liquidated
state
bonding
department
state
hail
insurance
project
total
loss
taxpayers
latter
venture
approximately
schell
history
south
dakota
ed
justice
powell
justice
brennan
justice
white
justice
stevens
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dissenting
south
dakota
cement
commission
ordered
times
shortage
state
cement
plant
must
turn
away
customers
orders
south
dakotans
filled
policy
represents
precisely
kind
economic
protectionism
commerce
clause
intended
prevent
however
finds
violation
commerce
clause
solely
state
produces
cement
agree
state
south
dakota
may
provide
cement
public
needs
without
violating
commerce
clause
agree
south
dakota
may
withhold
cement
interstate
commerce
order
benefit
private
citizens
business
within
state
need
ensure
unrestricted
trade
among
created
major
impetus
drafting
constitution
power
commerce
one
primary
objects
people
america
adopted
government
gibbons
ogden
wheat
indeed
constitutional
convention
called
earlier
convention
trade
commercial
problems
proved
inconclusive
beard
economic
interpretation
constitution
bloom
history
formation
union
constitution
subsequent
debate
ratification
alexander
hamilton
emphasized
importance
unrestricted
interstate
commerce
unrestrained
intercourse
advance
trade
interchange
respective
productions
commercial
enterprise
much
greater
scope
diversity
productions
different
staple
one
fails
call
aid
staple
another
federalist
cooke
hamilton
see
madison
case
presents
novel
constitutional
question
commerce
clause
bar
legislation
imposing
private
parties
type
restraint
commerce
adopted
south
dakota
see
pennsylvania
west
virginia
supra
cf
great
tea
cottrell
packing
haydel
conversely
private
business
constitutionally
adopt
marketing
policy
excluded
customers
come
another
state
case
falls
polar
situations
state
commission
engages
commercial
enterprise
restricts
interstate
distribution
question
whether
commission
policy
treated
like
state
regulation
private
parties
like
marketing
policy
private
business
application
commerce
clause
case
turn
nature
governmental
activity
involved
public
enterprise
undertakes
integral
operatio
areas
traditional
governmental
functions
national
league
cities
usery
commerce
clause
directly
relevant
however
state
enters
private
market
operates
commercial
enterprise
advantage
private
citizens
may
evade
constitutional
policy
economic
balkanization
distinction
derives
power
governments
supply
needs
see
perkins
lukens
steel
atkin
kansas
purpose
commerce
clause
designed
protect
natural
functioning
interstate
market
hughes
alexandria
scrap
supra
procuring
goods
services
operation
government
state
may
act
without
regard
private
marketplace
remove
reach
commerce
clause
see
american
yearbook
askew
supp
md
summarily
aff
state
becomes
participant
private
market
purposes
constitution
forbids
actions
impede
flow
interstate
commerce
categories
recognize
constitutional
line
state
government
state
trader
new
york
see
california
ohio
helvering
south
carolina
holds
south
dakota
like
private
business
governed
commerce
clause
enters
private
market
precisely
south
dakota
state
presumed
behave
like
enterprise
engaged
entirely
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business
see
ante
quoting
colgate
state
frequently
respond
market
conditions
basis
political
rather
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concerns
use
terms
state
may
attempt
act
market
regulator
rather
market
participant
see
ante
situation
pretense
equate
state
private
economic
actor
state
action
burdening
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trade
less
state
action
accomplished
public
agency
authorized
participate
private
market
ii
threshold
issue
whether
south
dakota
undertaken
integral
government
operations
area
traditional
governmental
functions
whether
participated
marketplace
private
firm
latter
characterization
applies
also
must
determine
whether
state
commission
marketing
policy
burdens
flow
interstate
trade
analysis
highlights
differences
state
action
hughes
alexandria
scrap
alexandria
scrap
virginia
scrap
processor
challenged
maryland
program
pay
bounties
every
junk
car
registered
maryland
converted
scrap
program
imposed
onerous
documentation
standards
processors
thereby
diverting
maryland
hulks
processors
virginia
plaintiff
argued
diversion
burdened
interstate
commerce
today
notes
alexandria
scrap
determined
maryland
bounty
program
constituted
direct
state
participation
market
automobile
hulks
ante
critical
question
second
step
opinion
analysis
whether
bounty
program
constituted
impermissible
burden
interstate
commerce
recognizing
case
fit
neatly
conventional
commerce
clause
theory
found
burden
commerce
first
observed
maryland
sought
prohibit
flow
hulks
regulate
conditions
may
occur
instead
entered
market
bid
price
impact
upon
interstate
flow
hulks
maryland
effectively
made
lucrative
unlicensed
suppliers
dispose
hulks
maryland
unlike
market
subsidies
issue
alexandria
scrap
marketing
policy
south
dakota
cement
commission
cut
interstate
trade
state
raise
bar
enters
market
supply
needs
order
ensure
adequate
supply
cement
public
uses
state
withhold
interstate
commerce
cement
needed
public
projects
cf
national
league
cities
usery
supra
state
however
parallel
justification
favoring
private
customers
customers
response
political
concerns
likely
inconsequential
private
cement
producer
south
dakota
shut
cement
sales
customers
beyond
borders
discrimination
constitutes
direct
barrier
trade
type
forbidden
commerce
clause
involved
previous
cases
alexandria
scrap
effect
interstate
trade
state
legislature
imposed
policy
private
cement
producers
commerce
clause
prohibits
severe
restraint
commerce
iii
share
desire
preserve
state
sovereignty
commerce
clause
long
recognized
limitation
sovereignty
consciously
designed
maintain
national
market
defeat
economic
provincialism
today
approves
protectionist
state
policies
absence
contrary
congressional
action
policies
implemented
long
state
directly
participates
market
enforcing
commerce
clause
case
work
unfairness
people
south
dakota
still
reserve
cement
public
projects
share
whatever
return
plant
generated
however
use
power
state
furnish
cement
forbidden
people
neighboring
creation
free
national
economy
major
goal
resolved
unite
federal
constitution
decision
today
reconciled
purpose
protectionism
refer
state
policies
designed
protect
private
economic
interests
within
state
forces
interstate
market
exclude
term
policies
relating
traditional
governmental
functions
education
subsidy
programs
like
one
issue
hughes
alexandria
scrap
see
infra
attempts
distinguish
prior
decisions
address
commerce
clause
limitations
state
regulation
natural
resource
exploitation
hughes
oklahoma
pennsylvania
west
virginia
contends
cement
production
unlike
activities
involved
cases
end
product
complex
process
whereby
costly
physical
plant
human
labor
act
raw
materials
ante
distinction
fails
two
respects
first
principles
articulated
natural
resources
cases
also
applied
decisions
involving
agricultural
production
notably
milk
processing
hood
sons
du
mond
pike
bruce
church
fundamentally
definition
cement
production
describes
sophisticated
economic
activity
including
exploitation
natural
resources
extraction
natural
gas
example
hardly
occur
except
complex
process
whereby
costly
physical
plant
human
labor
act
raw
materials
also
suggests
commerce
clause
application
case
south
dakota
posses
unique
access
materials
needed
produce
cement
ante
regional
market
south
dakota
unique
access
cement
cutoff
cement
sales
economic
impact
refusal
sell
resources
like
natural
gas
customers
seek
sources
supply
find
substitute
product
without
regardless
nature
product
state
hoards
consumer
denied
guarantee
commerce
clause
may
look
free
competition
every
producing
area
nation
protect
exploitation
hood
sons
du
mond
supra
one
distinction
private
governmental
function
whether
activity
supported
general
tax
funds
case
reprocessing
program
alexandria
scrap
whether
financed
revenues
generates
case
south
dakota
cement
plant
supported
many
years
see
tr
oral
arg
thus
need
consider
question
whether
business
confine
sales
local
residents
consequences
south
dakota
policy
devastating
petitioner
reeves
wyoming
firm
years
reeves
purchased
cement
south
dakota
plant
state
imposed
preference
south
dakota
residents
reeves
reduce
production
ante
result
south
dakota
competitors
vastly
superior
position
compete
work
region
explicitly
exclude
possibility
commerce
clause
congress
might
legislate
protectionist
state
policies
see
ante
since
decision
contains
limiting
principles
state
able
manufacture
commercial
product
withhold
citizens
prerogative
extend
example
pharmaceutical
goods
food
products
even
synthetic
processed
energy
sources