dennis higgins argued october decided february petitioner motor carrier filed suit nebraska trial claiming inter alia certain retaliatory taxes fees state imposed motor carriers vehicles registered operate nebraska constituted unlawful burden interstate commerce respondents liable among things concluded taxes fees violated commerce clause permanently enjoined respondents assessing levying collecting dismissed petitioner claim state affirmed dismissal holding cause action commerce clause violations clause allocates power state federal governments establish individual rights government held suits violations commerce clause may brought pp broad construction compelled statutory language speaks deprivations rights privileges immunities secured constitution laws also supported legislative history decisions rejected attempts limit types constitutional rights encompassed within phrase rights privileges immunities see lynch household finance pp commerce clause confers rights privileges immunities within meaning addition conferring power federal government clause substantive restriction permissible state regulation interstate commerce individuals injured state action violating aspect clause may sue obtain injunctive declaratory relief three considerations determining whether federal statute confers right within meaning provision creates obligations binding governmental unit plaintiff interest vague amorphous beyond judiciary competence enforce provision intended benefit plaintiff also weigh favor recognition right clause respondents argument clause designed benefit individual implicitly rejected boston stock exchange state tax repeated references rights clause constitute recognition intended benefit engaged interstate commerce see crutcher kentucky respondents attempt analogize commerce clause supremacy clause confer rights privileges immunities also rejected unlike commerce clause supremacy clause source federal rights merely secures federal rights according priority come conflict state law fact protection interference trade conferred commerce clause may qualified eliminated congress mean right congress protection operates guarantee freedom private conduct state may abridge pp white delivered opinion marshall blackmun stevens scalia souter joined kennedy filed dissenting opinion rehnquist joined post richard allen argued cause filed briefs petitioner jay barter assistant attorney general nebraska argued cause respondents brief robert spire attorney general arthur wilmarth andrew frey kenneth geller andrew pincus daniel barney robert digges laurie baulig william busker filed brief american trucking associations amicus curiae urging reversal charles rothfeld benna ruth solomon filed brief national conference state legislature et al amicus curiae urging affirmance justice white delivered opinion case presents question whether suits violations commerce clause may brought stat amended hold may petitioner business unincorporated motor carrier principal place business ohio owns tractors trailers registered ohio operated several including nebraska december filed class action suit nebraska trial challenging constitutionality certain retaliatory taxes fees imposed state nebraska motor carriers vehicles registered operated nebraska complaint petitioner claimed inter alia taxes fees constituted unlawful burden interstate commerce respondents liable petitioner sought declaratory injunctive relief refunds retaliatory taxes fees paid attorney fees costs bench trial based stipulated facts concluded taxes fees issue violated commerce clause imposed motor carriers whose vehicles registered outside state nebraska comparable tax fee imposed carriers whose vehicles registered state nebraska app pet cert therefore permanently enjoined respondents assessing levying collecting taxes fees also held petitioner entitled attorney fees expenses equitable common fund doctrine however entered judgment respondents remaining claims including claim petitioner appealed dismissal claim respondents trial allowance attorney fees expenses common fund doctrine respondents however appeal trial determination retaliatory taxes fees violated commerce clause nebraska affirmed dismissal petitioner claim reversed trial allowance fees expenses common fund doctrine see dennis state neb respect claim nebraska held espite broad language cause action violations commerce clause relied largely reasoning consolidated freightways delaware kassel cert denied held claims commerce clause cognizable among things commerce clause establish individual rights government instead allocates power state federal governments nebraska recognized see division authority question whether claims violations commerce clause may brought granted certiorari resolve issue reverse ii broad construction compelled statutory language speaks deprivations rights privileges immunities secured constitution laws emphasis added accordingly repeatedly held coverage must broadly construed golden state transit los angeles legislative history section also stresses remedial statute liberally beneficently construed monell new york city dept social services quoting shellabarger cong globe app respondents argue prime focus related provisions ensure right action enforce protections fourteenth amendment federal laws enacted pursuant thereto chapman houston welfare rights organization never restricted section scope effectuation goal rather given full effect broad language recognizing provide remedy broadly construed forms official violation federally protected rights monell supra thus example refused limit phrase laws civil rights equal protection laws see maine thiboutot even relevant case rejected attempts limit types constitutional rights encompassed within phrase rights privileges immunities example lynch household finance refused limit phrase personal rights opposed property rights first noted neither words legislative history statute distinguished personal property rights also rejected distinction virtual impossibility applying particularly mixed cases involving types rights concluded dichotomy personal liberties property rights false one right enjoy property without unlawful deprivation less right speak right travel truth personal right whether property question welfare check home savings account see also price petitioner contends commerce clause confers rights privileges immunities within meaning agree commerce clause provides congress shall power regulate commerce foreign nations among several indian tribes art cl although language clause speaks congress power commerce long recognized also limits power erect barriers interstate trade lewis bt investment managers respondents argue held commerce clause merely allocates power federal state governments confer rights brief respondents doubt commerce clause provision giving congress preemptive authority regulation interstate commerce also clear however commerce clause confer power federal government also substantive restriction permissible state regulation interstate commerce hughes oklahoma commerce clause long recognized limitation power enact laws imposing substantial burdens commerce timber development wunnicke addition individuals injured state action violates aspect commerce clause may sue obtain injunctive declaratory relief see mckesson division alcoholic beverages tobacco dept business regulation indeed trial case us awarded petitioner relief respondents contest decision also recently held taxpayers required pay taxes challenging state tax subsequently determined violate commerce clause entitled retrospective relief cure unconstitutional discrimination interstate commerce contested tax period combined restriction state power entitlement relief commerce clause amounts right privilege immunity ordinary meaning terms often described commerce clause conferring right engage interstate trade free restrictive state regulation crutcher kentucky struck license requirement imposed certain companies stated carry interstate commerce franchise privilege granted state right every citizen entitled exercise constitution laws similarly western union telegraph kansas ex rel coleman referred substantial rights engaged interstate commerce garrity new jersey declared engaging interstate commerce righ constitutional stature recently boston stock exchange state tax held regional stock exchanges standing challenge tax securities transactions violating commerce clause among things exchanges asserting right commerce clause engage interstate commerce free discriminatory taxes business allege transfer tax indirectly infringes right last term golden state transit los angeles set forth three considerations determining whether federal statute confers right within meaning deciding whether federal right violated considered whether provision question creates obligations binding governmental unit rather express congressional preference certain kinds treatment pennhurst state school hospital halderman interest plaintiff asserts must vague amorphous beyond competence judiciary enforce wright roanoke redevelopment housing authority also asked whether provision question intend ed benefit putative plaintiff see also dissenting citing cort ash argument however implicitly rejected boston stock exchange supra found plaintiffs arguably within zone interests protected commerce clause moreover repeated references rights commerce clause constitute recognition clause intended benefit like petitioner engaged interstate commerce onstitutional protection burdens commerce benefit morgan virginia justice jackson writing eloquently explained system fostered commerce clause every farmer every craftsman shall encouraged produce certainty free access every market nation home embargoes withhold exports foreign state customs duties regulations exclude likewise every consumer may look free competition every producing area nation protect exploitation vision founders doctrine given reality hood sons du mond respondents also argue protection interference trade conferred commerce clause right subject qualification elimination congress brief respondents argument proves much however federal statutory rights may also altered eliminated congress congress rights operate guarantee freedom private conduct state may abridge golden state supra true commerce clause iii conclude nebraska erred holding petitioner commerce clause claim brought judgment nebraska therefore reversed case remanded proceedings inconsistent opinion ordered footnotes compare kraft jacka anderson erie consolidated freightways delaware kassel cert denied continental illinois lewis vacated grounds bendix kennecott smith see also private truck council america quinn white joined brennan dissenting denial certiorari noting conflict authority section provides every person color statute ordinance regulation custom usage state territory district columbia subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress dissent contends legislative history supports proposition apply constitutional provisions allocate power see post argument untenable dissent chiefly relies upon partial quotation statement made representative shellabarger one principal sponsors statute context statement reads next proposition historical one simply aid support truth first congress bound execute legislation every provision constitution even provisions specially named enforced always assumed enforce also persons every one provisions constitution provisions constitution restrain directly relate tenth section first article state shall make treaty grant letters marque coin money emit bills credit relate divisions political powers state general governments relate directly rights persons within persons therein prohibitions upon political powers nature even occasion arose enforced courts declaring void state acts encroachment federal powers thus thus sufficiently enforced provisions constitution class secures rights liabilities persons within persons three first fugitives justice second fugitives service slaves third declaring citizens state shall entitled privileges immunities citizens several sir every one provisions deemed legislation required enforce constitutional provisions three rights liabilities persons persons directly provided congress legislation affirmatively interfered protect subject persons cong globe app emphasis added reflect omissions dissent becomes clear fully quoted properly read shellabarger remarks way aid dissent dissent attempt characterize shellabarger argument expansive federal power enact criminal legislation support narrow construction strained say least shellabarger simply address issues constitutional provisions establish rights privileges immunities whether commerce clause falls category whether provisions allocate power also confer rights likely made statements points argued dissent given holding affirmative grant power congress credit clause established right privilege immunity see banks mayor wall snippets legislative history relied upon dissent see post similarly inapposite inconclusive event even dissent history read provide support formalistic distinction provisions constitution plainly constitute clearly expressed legislative intent contrary plain language american tobacco patterson rather congress intended limit broad unqualified language unreasonable assume made explicit paul fire marine ins barry statute issue lynch jurisdictional counterpart contains rights privileges immunities phrase even dissent lynch agreed without reservation phrase limited violations personal rights disagreed majority different issue see see cts dynamics america hughes oklahoma great atlantic pacific tea cottrell cooley board wardens port philadelphia cases distinguishable cases involving assertions state regulations commerce directly conflict federal regulations enacted authority commerce clause example latter gibbons ogden wheat struck new york statute extent excluded federally licensed boats operating new york waters see black law dictionary ed defining right legally enforceable claim one person another shall given act shall given act citing restatement property right issue implied right commerce clause diminish status right privilege immunity indeed already rejected distinction express implied rights statutory context violation federal right found implicit statute language structure much direct violation right violation right clearly set forth text statute golden state transit los angeles additional reason claims supremacy clause unlike commerce clause excluded coverage included laws provision superfluous see golden state arguing commerce clause secure rights privileges immunities within meaning dissent relies upon carter greenhow see post however already given decision narrow reading stating case held matter pleading particular cause action set plaintiff pleading contract redress deprivation right secured clause constitution contract clause chosen resort chapman houston welfare rights organization see also hague committee industrial organization opinion stone justice kennedy chief justice joins dissenting golden state transit los angeles dissented determination creates cause action damages wrong committed state local entity misapprehension boundary state federal power today decision compounds error golden state majority drifts far purposes history holds applicable state quite innocent mistaken judgment respecting shifting boundary two sovereign powers majority removes one statute remaining limits increases burden state local government face defending economic regulation taxation respect dissent majority must acknowledge even golden state violations federal law give rise action plaintiff must assert rights privileges immunities secured constitution laws majority appears base decision upon three grounds first ordinary meaning term right confirmed black law dictionary indicates commerce clause provides petitioner right ante second cases contain scattered references right engage interstate commerce ante third commerce clause purportedly meets golden state test determine whether statutory violation gives rise cause action commerce clause intended benefit engage interstate commerce ante majority errs must submit ignores sponsors told us scope phrase rights privileges immunities secured constitution errs applies golden state test context even apply majority various tests moreover reach opposite conclusion golden state test arguably necessary assessing whether hundreds statutory provisions confer express obligations upon secure rights within meaning appropriate case question whether right secured provision constitution constitutional provisions numerous enacted frequency compelled apply ahistorical test ready alternative distinguish constitutional provisions secure rights persons provisions allocate power federal state governments former secure rights within meaning latter commerce clause found art cl constitution grant power congress simply congress shall power regulate commerce among several terms well design interpreted commerce clause structural provision allocating authority federal state sovereignties purport secure rights history leading drafting ratification constitution confirms premises lack national power commerce articles confederation led ongoing disputes among prospect descent toward even intense commercial animosity one principal arguments favor constitution see federalist pp rossiter ed hamilton id pp hamilton id pp hamilton id pp madison id madison sole purpose virginia initiated movement ultimately produced constitution take consideration trade examine relative situations trade said consider far uniform system commercial regulations may necessary common interest permanent harmony hood sons du mond citation omitted section origins civil rights act stat civil rights act stat see lynch household finance recent cases placed great reliance upon sponsors act interpreting scope see monell new york city dept social services nalysis legislative history civil rights act compels conclusion congress intend municipalities included among persons applies emphasis original lynch supra sponsors intended protect property rights well personal rights monroe pape legislative history supports conclusion plaintiff need exhaust state remedies sponsors understood announced distinction provisions constitution discussing meaning phrase rights privileges immunities original house version act representative shellabarger chairman house select committee drafted act floor manager bill explained provisions constitution restrain directly relate tenth section first article state shall make treaty grant letters marque coin money emit bills credit relate divisions political powers state general governments relate directly rights persons within persons therein prohibitions upon political powers nature even occasion arose enforced courts declaring void state acts encroachment federal powers thus thus sufficiently enforced provisions constitution class secures rights liabilities persons within persons three first fugitives justice second fugitives service slaves third declaring citizens state shall entitled privileges immunities citizens several cong globe app hereinafter cong globe referring art iv constitution securing rights persons statements supporters act provide evidence congress consider commerce clause secure rights persons within meaning representative hoar distinguished two objectives constitution provide protection regulation commercial intercourse domestic foreign promote general welfare prohibiting inconsistent civil liberty compelling essential maintenance cong globe act designed enforce provisions constitution providing protection personal liberty civil rights protection commerce ibid representative trumbull made distinction categories constitutional provisions sponsors thus gave us straightforward answer question constitutional violations give rise action told us violations provisions commerce clause congress understand difference provisions constitution decisions years support distinction previous cases determined assumed constitutional violation gives rise cause action alleged violations provisions constitution provisions see monroe pape allegation facts constituting deprivation color state authority right guaranteed fourteenth amendment satisfies extent requirement lane wilson fifteenth amendment violation supports cause action previous case discussing claim brought violation supposed right secured article constitution held violation contracts clause give rise cause action carter greenhow true commerce clause held contracts clause said secure individual rights indirectly incidentally explained right secured contracts clause right judicial determination declaring nullity attempt impair state obligation ibid contracts clause art provides state shall pass law impairing obligation contracts least language provide support argument contracts clause prohibits inconsistent civil liberty cong globe hoar contracts clause express limitation upon ability impair contractual rights citizens secure rights within meaning assuredly demands great leap majority conclude commerce clause secures rights persons commerce clause anything less obvious source rights purposes text implies limitation upon state power best said commerce clause grants congress power regulate interstate commerce grant power implied limitation upon power state regulate interstate commerce turn courts provide person injured taxation exceeds limits commerce clause right judicial determination declaring nullity attempt levy discriminatory tax carter supra find ironic carter draws distinction nearly character golden state provisions directly secure rights incident purpose golden state yet majority finds commerce clause intended benefit putative plaintiff golden state supra carter held contracts clause provides incidental benefits lynch household finance rejected attempt limit personal rights opposed property rights case deprivation property violation due process clause fourteenth amendment legislative history support distinction recognized false nature impossibility application today hand rejects distinction finds strong support legislative history bring difficulties application see good reason rejection suggest decision mischief majority rejects weight historical evidence favor scattered statements cases refer right engage interstate commerce ante none cases however hold commerce clause secures personal right instead interpret commerce clause allocating power among sovereigns see crutcher kentucky regulation interstate commerce within province state legislation within national legislation western union telegraph kansas majority chooses rely upon statements far removed issue hand remind much closer context established case plaintiff relies upon dormant commerce clause may one arising constitution within meaning term used statutes one brought account deprivation right privilege immunity secured constitution bowman chicago northwestern statements upon majority relies weak support conclusion similar fashion mckesson division alcoholic beverages tobacco dept business regulation majority finds recent support view commerce clause merely applies traditional due process analysis deprivation property context exaction unlawful tax mckesson holds state insists taxpayers pay first obtain review tax validity later refund action due process requires meaningful postpayment relief taxes paid pursuant unconstitutional scheme discussing nature constitutional violation mckesson acknowledges accorded great flexibility structuring remedy discriminatory tax violates commerce clause rather refunding tax extent consistent constitutional restrictions state may assess collect back taxes petitioner competitors benefited discriminatory rate reductions contested tax period state refused provide remedy taxpayer arguably claim claim deprivation property without due process law violation fourteenth amendment commerce clause mckesson way supports existence cause action commerce clause violations finally following golden state majority asks whether provision question intended benefit putative plaintiff ante majority fails locate text history commerce clause intent nevertheless concludes argument contrary implicitly rejected boston stock exchange state tax found plaintiffs arguably within zone interests protected commerce clause ante fail see determination particular plaintiff within zone interests protected provision requires finding provision intended benefit plaintiff secures right purposes contrary zone interest cases rejected requirement congressional purpose benefit plaintiff clarke securities industry plaintiff need demonstrate plausible relationship interest policies advanced relevant provision majority treatment question confuses concept standing cause action considered distinct categories continue see davis passman taxpayer petitioner may arguably within zone interests protected commerce clause however sufficient demonstrate commerce clause secures right petitioner within meaning thus ins chadha held individual standing raise separation powers challenge alleging violation presentment clauses art cls fundamental sense separation powers designed secure individual liberty yet say presentment clauses secure personal rights rather chadha able assert interests branches government met traditional test standing doubt truth statement ante quoting hood sons du mond commerce clause benefits individuals entities engaged interstate commerce question importance dormant commerce clause jurisprudence guaranteeing single national market benefits engaged commerce however incidental purpose commerce clause evidence sound application commerce clause benefits individual traders consumers satisfy majority test provision must intended benefit particular plaintiff benefits prove provision secures plaintiff constitutional right engage one activity receive direct benefit avoid specific detriment rather commerce clause benefits particular parties incident allocation power federal state sovereignties golden state continue draw distinction made golden state dissent hold dormant commerce clause secure right gives rise legal interest petitioner taxation violates dormant commerce clause thus petitioner rely upon unconstitutionality tax defending collection action brought state pursuing state remedies ability invoke commerce clause state however equivalent finding secured right violations federal law give rise cause action little reason search statements supporting existence right engage interstate commerce apply golden state test majority purport rest decision upon view necessary consequence reasoning analysis demonstrates poverty intended benefit test constitutional context shows even structural provisions benefit individuals incidentally come within purview logic extends far beyond commerce clause creates whole new class suits derived article example rationale creates cause action state violates constitutional doctrine intergovernmental tax immunity davis michigan dept treasury violation statute coextensive prohibition discriminatory taxes embodied modern constitutional doctrine intergovernmental tax immunity interferes federal power foreign relations see zschernig miller applies duty upon imports violation art cl see hooven allison evatt invades federal power regulation entrance residence aliens violation art cl see hines davidowitz attempts tax income upon federal obligation derogation congress art cl power borrow money credit see missouri ex rel missouri ins gehner textual support holding imposes liabilities upon ii petitioner complain state nebraska failed provide adequate forum contest validity nebraska tax nebraska done nebraska courts acknowledged invalidity state tax enjoined collection directed petitioner file refund claim taxes paid state rather significance decision future commerce clause litigation claim may permit dormant commerce clause plaintiffs recover attorney fees expenses civil rights attorney fees awards act stat codified congress authorized award attorney fees prevailing parties inter alia litigation award attorney fees encourages vindication federal rights congress recognized might otherwise go unenforced plaintiffs lack resources small size expected monetary recovery see congress reassured limited cases arising civil rights laws category cases attorneys fees traditionally regarded appropriate significant economic interests stake dormant commerce clause cases well resources available typical dormant commerce clause plaintiff make concerns far removed realities dormant commerce clause litigation pages reports testify ability major corporations industry associations commence maintain dormant commerce clause litigation without receiving attorney fee awards making fee awards available vindicate purposes merely shifts balance power away toward interstate businesses today decision raises far questions proper conduct challenges validity state taxation answers tax injunction act prevents attempt federal enjoin suspend restrain assessment collection state tax long plain speedy efficient remedy may courts state principle comity likewise prevents federal entertaining action damages redress allegedly unconstitutional state taxation fair assessment real estate mcnary relying upon overriding interests state efficient expeditious nondisruptive resolution tax disputes backus chilivis state courts refused permit plaintiffs proceed exists complete remedy state law ibid spencer south carolina tax aff equally divided per curiam questions become paramount importance risk destruction state fiscal integrity manner may require congressional correction today opinion gives hint character extraordinary remedy passed reconstruction protect basic civil rights oppressive state action section becomes simply one weapon litigant arsenal considered whenever defendant state actor use advantageous plaintiff dissent opinion judgment shellabarger discussing power congress enact act scope know reliance upon shellabarger statement nevertheless appropriate proposed used phrase rights privileges immunities another person cong globe app shellabarger discussing understanding rights privileges immunities secured constitution laws language differ meaning act matters whether one repeats shellabarger speech many pages relevant portion thereof rely upon shellabarger views congressional power legislate rather distinction articulated provisions provisions provisions relate directly rights persons within persons therein secure rights persons ibid emphasis added shellabarger distinction borne remainder legislative history defendant bowman refused ship plaintiff product relying upon iowa statute prohibited shipment intoxicating liquors plaintiff apparently argued iowa statute violated commerce clause therefore excuse defendant failure perform opinion construing jurisdictional analogue permitted appeal without regard amount controversy case brought account deprivation right privilege immunity secured constitution right privilege citizen see collins economic rights implied constitutional actions scope section geo search evidence commerce clause intended benefit persons engage interstate commerce majority quotes morgan virginia stating onstitutional protection burdens commerce benefit ante majority snippet part sentence read entirety state quotation make seem commerce clause intended benefit engage interstate commerce rather entire passage follows think appeals apparently appellant proper person challenge validity statute burden commerce invalid burden conviction fail statute affects appellant well transportation company constitutional protection burdens commerce benefit criminal trial violation challenged statute hatch reardon federation labor mcadory morgan supra emphasis added omitted