hughes
oklahoma
argued
january
decided
april
oklahoma
statute
prohibits
transporting
shipping
outside
state
sale
natural
minnows
seined
procured
waters
within
state
appellant
holds
texas
license
operate
commercial
minnow
business
texas
charged
violating
oklahoma
statute
transporting
oklahoma
texas
load
natural
minnows
purchased
minnow
dealer
licensed
business
oklahoma
appellant
defense
oklahoma
statute
unconstitutional
repugnant
commerce
clause
rejected
convicted
fined
oklahoma
criminal
appeals
affirmed
relying
geer
connecticut
sustained
commerce
clause
challenge
connecticut
statute
forbidding
transportation
beyond
state
game
birds
lawfully
killed
within
state
geer
decision
rested
holding
interstate
commerce
involved
state
power
representative
citizens
owned
common
wild
animals
within
state
control
ownership
game
lawfully
reduced
possession
exercised
power
prohibiting
removal
state
held
oklahoma
statute
repugnant
commerce
clause
pp
geer
connecticut
supra
overruled
time
revealed
error
result
reached
geer
application
century
legal
fiction
state
ownership
wild
animals
challenges
commerce
clause
state
regulations
wild
animals
considered
according
general
rule
applied
state
regulations
natural
resources
pp
general
rule
must
inquire
whether
challenged
statute
regulates
evenhandedly
incidental
effects
interstate
commerce
discriminates
interstate
commerce
either
face
practical
effect
whether
statute
serves
legitimate
local
purpose
whether
alternative
means
promote
local
purpose
well
without
discriminating
interstate
commerce
oklahoma
statute
face
discriminates
interstate
commerce
forbidding
transportation
natural
minnows
state
purposes
sale
thus
overtly
blocking
flow
interstate
commerce
state
border
statute
last
ditch
attempt
conservation
nondiscriminatory
alternatives
proved
unfeasible
rather
choice
discriminatory
means
even
though
nondiscriminatory
alternatives
seem
likely
fulfill
state
purported
legitimate
local
purpose
conservation
effectively
pp
may
promote
legitimate
purpose
protecting
conserving
wild
animal
life
within
borders
ways
consistent
basic
principle
pertinent
economic
unit
nation
wild
animal
becomes
article
commerce
use
limited
citizens
one
state
exclusion
citizens
another
state
pp
brennan
delivered
opinion
stewart
white
marshall
blackmun
powell
stevens
joined
rehnquist
filed
dissenting
opinion
burger
joined
post
robert
helton
argued
cause
filed
brief
appellant
bill
bruce
argued
cause
appellee
brief
larry
derryberry
attorney
general
oklahoma
justice
brennan
delivered
opinion
question
presented
decision
whether
okla
tit
supp
violates
commerce
clause
art
cl
constitution
insofar
provides
person
may
transport
ship
minnows
sale
outside
state
seined
procured
within
waters
state
appellant
william
hughes
holds
texas
license
operate
commercial
minnow
business
near
wichita
falls
tex
oklahoma
game
ranger
arrested
charge
violating
transporting
oklahoma
wichita
falls
load
natural
minnows
purchased
minnow
dealer
licensed
business
oklahoma
hughes
defense
unconstitutional
repugnant
commerce
clause
rejected
convicted
fined
oklahoma
criminal
appeals
affirmed
stating
held
numerous
occasions
wild
animals
fish
within
state
border
far
capable
ownership
owned
state
sovereign
capacity
common
benefit
people
ownership
exercise
police
power
state
may
regulate
control
taking
subsequent
use
property
rights
may
acquired
therein
lacoste
department
conservation
geer
state
connecticut
stated
lacoste
supra
protection
wildlife
state
peculiarly
within
police
power
state
state
great
latitude
determining
means
appropriate
protection
oklahoma
law
prohibit
commercial
minnow
hatcheries
within
borders
selling
stock
minnows
anyone
resident
nonresident
minnows
purchased
therefrom
may
freely
exported
however
law
served
protect
depletion
minnows
oklahoma
natural
streams
commercial
exportation
person
allowed
export
natural
minnows
sale
outside
oklahoma
prohibition
repugnant
commerce
clause
simple
words
commerce
clause
congress
shall
power
regulate
commerce
among
several
reflected
central
concern
framers
immediate
reason
calling
constitutional
convention
conviction
order
succeed
new
union
avoid
tendencies
toward
economic
balkanization
plagued
relations
among
colonies
later
among
articles
confederation
see
hood
sons
du
mond
commerce
clause
accordingly
interpreted
authorization
congressional
action
also
even
absence
conflicting
federal
statute
restriction
permissible
state
regulation
cases
defining
scope
permissible
state
regulation
areas
congressional
silence
reflect
often
controversial
evolution
rules
accommodate
federal
state
interests
geer
connecticut
decided
relatively
early
evolutionary
process
hold
time
revealed
error
early
resolution
reached
case
accordingly
geer
today
overruled
geer
sustained
commerce
clause
challenge
statute
forbidding
transportation
beyond
state
game
birds
lawfully
killed
within
state
decision
rested
holding
interstate
commerce
involved
conclusion
followed
turn
view
state
power
representative
citizens
owned
common
wild
animals
within
state
control
taking
game
also
ownership
game
lawfully
reduced
possession
virtue
power
connecticut
qualify
ownership
wild
game
taken
within
state
example
prohibiting
removal
state
common
ownership
imports
right
keep
property
sovereign
chooses
always
within
jurisdiction
every
purpose
accordingly
state
power
qualify
ownership
raised
serious
doubts
whether
sale
exchange
wild
game
constituted
commerce
event
held
qualification
imposed
challenged
statute
removed
transactions
involving
wild
game
killed
connecticut
interstate
commerce
justice
field
first
justice
harlan
dissented
rejecting
artificial
formalistic
analysis
ownership
commerce
wild
game
affirmed
state
power
provide
protection
wild
game
far
protection
contravene
power
congress
regulation
interstate
commerce
view
hen
animal
lawfully
killed
purposes
food
uses
man
becomes
article
commerce
use
limited
citizens
one
state
exclusion
citizens
another
state
view
geer
dissenters
increasingly
prevailed
subsequent
cases
indeed
geer
analysis
rejected
natural
resources
wild
game
involved
even
state
regulations
wild
game
held
subject
strictures
commerce
clause
pretext
distinctions
geer
erosion
geer
began
years
decided
commerce
clause
challenge
addressed
oklahoma
statute
designed
prohibit
transportation
beyond
state
natural
gas
produced
wells
within
state
west
kansas
natural
gas
based
reasoning
parallel
geer
oklahoma
urged
right
conserve
gas
use
citizens
stressing
limited
supply
absence
alternative
sources
fuel
within
state
nevertheless
passage
reminiscent
dissents
geer
condemned
obvious
protectionist
motive
oklahoma
statute
rejected
state
arguments
powerful
reaffirmation
vision
framers
statute
oklahoma
recognizes
gas
subject
intrastate
commerce
seeks
prohibit
subject
interstate
commerce
purpose
conservation
power
singular
situation
might
result
pennsylvania
might
keep
coal
northwest
timber
mining
minerals
may
products
field
brought
within
principle
thus
enlarged
without
enlargement
influence
interstate
commerce
need
pointed
consequences
power
tend
one
state
embargo
may
retaliated
embargo
commerce
halted
state
lines
yet
said
matters
foreign
interstate
commerce
state
lines
commerce
instead
new
power
appears
new
welfare
welfare
transcends
state
rather
let
us
say
constituted
welfare
state
made
greater
division
resources
natural
created
every
state
every
state
purpose
result
interstate
commerce
clause
constitution
turning
backward
must
done
authority
another
instrumentality
subsequent
commerce
clause
challenges
state
regulation
exports
natural
resources
west
analysis
emerged
dominant
approach
see
pennsylvania
west
virginia
hood
sons
du
mond
today
principle
stated
pike
bruce
church
statute
regulates
evenhandedly
effectuate
legitimate
local
public
interest
effects
interstate
commerce
incidental
upheld
unless
burden
imposed
commerce
clearly
excessive
relation
putative
local
benefits
legitimate
local
purpose
found
question
becomes
one
degree
extent
burden
tolerated
course
depend
nature
local
interest
involved
whether
promoted
well
lesser
impact
interstate
activities
citations
omitted
geer
analysis
also
eroded
point
virtual
extinction
cases
involving
regulation
wild
animals
first
challenge
geer
theory
state
power
wild
animals
came
missouri
holland
state
missouri
relying
theory
state
ownership
wild
animals
attacked
migratory
bird
treaty
act
ground
interfered
state
control
wild
animals
within
boundaries
writing
justice
holmes
upheld
act
proper
exercise
treatymaking
power
commented
passing
artificiality
geer
rationale
put
claim
state
upon
title
lean
upon
slender
reed
packing
haydel
undermined
geer
even
directly
louisiana
statute
forbade
transportation
beyond
state
shrimp
taken
louisiana
waters
heads
shells
removed
statute
clearly
relied
geer
rationale
anyone
lawfully
taking
shrimp
louisiana
waters
granted
qualified
interest
may
sold
within
state
head
shell
removed
within
state
taker
possessor
acquire
title
right
sell
ship
beyond
limit
state
without
restriction
reservation
ignoring
niceties
title
shrimp
concentrating
instead
purposes
effects
statute
packing
struck
statute
economic
protectionism
abhorrent
commerce
clause
analysis
resembled
employed
natural
gas
cases
cited
approval
geer
distinguished
ground
part
game
permitted
statute
become
article
interstate
commerce
limiting
geer
cases
involving
complete
embargoes
interstate
commerce
wild
animal
created
anomalous
result
burdensome
laws
enjoyed
protection
commerce
clause
attack
packing
implicit
shift
away
geer
formalistic
ownership
analysis
became
explicit
toomer
witsell
struck
violations
commerce
clause
privileges
immunities
clause
certain
south
carolina
laws
discriminating
commercial
fishermen
whole
ownership
theory
fact
generally
regarded
fiction
expressive
legal
shorthand
importance
people
state
power
preserve
regulate
exploitation
important
resource
necessary
conflict
vital
policy
consideration
constitutional
command
state
exercise
power
like
powers
discriminate
without
reason
citizens
state
stand
position
owner
private
game
preserve
pure
fantasy
talk
owning
wild
fish
birds
animals
neither
federal
government
hopeful
fisherman
hunter
title
creatures
reduced
possession
skillful
capture
geer
connecticut
field
dissenting
ownership
language
cases
cited
appellant
must
understood
legal
fiction
expressing
importance
people
state
power
preserve
regulate
exploitation
important
resource
citing
toomer
modern
analysis
question
simply
whether
state
exercised
police
power
conformity
federal
laws
constitution
case
us
first
modern
times
present
facts
essentially
fours
geer
conclude
challenges
commerce
clause
state
regulations
wild
animals
considered
according
general
rule
applied
state
regulations
natural
resources
therefore
expressly
overrule
geer
thus
bring
analytical
framework
conformity
practical
realities
overruling
geer
also
eliminates
anomaly
created
decisions
distinguishing
geer
statutes
imposing
extreme
burdens
interstate
commerce
essentially
total
embargoes
immune
challenge
time
general
rule
adopt
case
makes
ample
allowance
preserving
ways
inconsistent
commerce
clause
legitimate
state
concerns
conservation
protection
wild
animals
underlying
legal
fiction
state
ownership
ii
turn
question
whether
burden
imposed
interstate
commerce
wild
game
permissible
general
rule
articulated
precedents
governing
types
commerce
see
pike
bruce
church
quoted
supra
general
rule
must
inquire
whether
challenged
statute
regulates
evenhandedly
incidental
effects
interstate
commerce
discriminates
interstate
commerce
either
face
practical
effect
whether
statute
serves
legitimate
local
purpose
whether
alternative
means
promote
local
purpose
well
without
discriminating
interstate
commerce
burden
show
discrimination
rests
party
challenging
validity
statute
hen
discrimination
commerce
demonstrated
burden
falls
state
justify
terms
local
benefits
flowing
statute
unavailability
alternatives
adequate
preserve
local
interests
stake
hunt
washington
apple
advertising
furthermore
considering
purpose
challenged
statute
bound
name
description
characterization
given
legislature
courts
state
determine
practical
impact
law
lacoste
louisiana
dept
conservation
see
packing
haydel
pike
bruce
church
supra
section
face
discriminates
interstate
commerce
forbids
transportation
natural
minnows
state
purposes
sale
thus
overtly
blocks
flow
interstate
commerce
state
borders
philadelphia
new
jersey
facial
discrimination
may
fatal
defect
regardless
state
purpose
evil
protectionism
reside
legislative
means
well
legislative
ends
minimum
facial
discrimination
invokes
strictest
scrutiny
purported
legitimate
local
purpose
absence
nondiscriminatory
alternatives
oklahoma
argues
serves
legitimate
local
purpose
readily
apparent
conservation
measure
brief
appellee
state
interest
maintaining
ecological
balance
state
waters
avoiding
removal
inordinate
numbers
minnows
may
well
qualify
legitimate
local
purpose
consider
state
interests
conservation
protection
wild
animals
legitimate
local
purposes
similar
interests
protecting
health
safety
citizens
see
firemen
chicago
scope
legitimate
state
interests
conservation
narrower
analysis
geer
state
may
longer
keep
property
sovereign
chooses
always
within
jurisdiction
every
purpose
geer
connecticut
fiction
state
ownership
may
longer
used
force
outside
state
bear
full
costs
conserving
wild
animals
within
borders
equally
effective
nondiscriminatory
conservation
measures
available
far
choosing
least
discriminatory
alternative
oklahoma
chosen
conserve
minnows
way
overtly
discriminates
interstate
commerce
state
places
limits
numbers
minnows
taken
licensed
minnow
dealers
limit
way
minnows
may
disposed
within
state
yet
forbids
transportation
commercially
significant
number
natural
minnows
state
sale
section
certainly
last
ditch
attempt
conservation
nondiscriminatory
alternatives
proved
unfeasible
rather
choice
discriminatory
means
even
though
nondiscriminatory
alternatives
seem
likely
fulfill
state
purported
legitimate
local
purpose
effectively
therefore
hold
repugnant
commerce
clause
iii
overruling
geer
leave
powerless
protect
conserve
wild
animal
life
within
borders
today
decision
makes
clear
however
may
promote
legitimate
purpose
ways
consistent
basic
principle
economic
unit
nation
hood
sons
du
mond
wild
animal
becomes
article
commerce
use
limited
citizens
one
state
exclusion
citizens
another
state
geer
connecticut
supra
field
dissenting
reversed
footnotes
person
may
ship
transport
minnows
sale
state
outside
source
without
first
procured
license
director
person
may
transport
ship
minnows
sale
outside
state
seined
procured
within
waters
state
except
nothing
contained
herein
shall
prohibit
person
leaving
state
possessing
three
dozen
less
minnows
nothing
contained
herein
shall
prohibit
sale
shipment
minnows
raised
regularly
licensed
commercial
minnow
hatchery
fee
license
section
shall
residents
one
hundred
dollars
nonresidents
three
hundred
dollars
person
convicted
violating
provisions
section
shall
punished
fine
less
one
hundred
dollars
two
hundred
dollars
section
part
oklahoma
wildlife
conservation
code
another
provision
code
requires
persons
minnow
dealer
license
lawfully
seine
trap
minnows
within
state
except
use
bait
supp
limit
imposed
number
minnows
licensed
dealer
may
take
state
waters
regulation
except
concerning
disposition
lawfully
acquired
minnows
may
sold
within
oklahoma
person
purpose
may
taken
state
purpose
except
sale
commerce
clause
one
prolific
sources
national
power
equally
prolific
source
conflict
legislation
state
constitution
vests
congress
power
regulate
commerce
among
say
may
may
absence
congressional
action
draw
line
commerce
among
perhaps
even
interpretation
written
word
advanced
solidarity
prosperity
nation
meaning
given
great
silences
constitution
hood
sons
du
mond
philadelphia
new
jersey
made
clear
definition
commerce
definition
commerce
relied
strike
restrict
state
legislation
relied
support
exertion
federal
control
regulation
see
gibbons
ogden
wheat
willson
black
bird
creek
marsh
pet
cooley
board
wardens
port
richmond
bergen
point
ferry
board
chosen
freeholders
di
santo
pennsylvania
parker
brown
southern
pacific
arizona
ex
rel
sullivan
hood
sons
du
mond
supra
pike
bruce
church
see
generally
frankfurter
commerce
clause
marshall
taney
waite
dowling
interstate
commerce
state
power
rev
dowling
interstate
commerce
state
power
revised
version
colum
rev
sole
issue
case
presents
lawful
constitution
section
article
state
connecticut
allow
killing
birds
within
state
designated
open
season
allow
birds
killed
used
sold
bought
use
within
state
yet
forbid
transportation
beyond
state
state
otherwise
state
connecticut
power
regulate
killing
game
within
borders
confine
use
limits
state
forbid
transmission
outside
state
recognized
geer
analysis
authorities
issue
open
question
toomer
witsell
qualification
forbids
game
removal
state
necessarily
entered
formed
part
every
transaction
subject
deprived
mere
sale
exchange
articles
element
freedom
contract
full
ownership
essential
attribute
commerce
passing
however
decision
question
granting
dealing
game
killed
within
state
provision
question
created
internal
state
commerce
follow
internal
commerce
became
necessarily
interstate
commerce
therefore
control
constitution
power
state
control
killing
ownership
game
admitted
commerce
game
state
law
permitted
necessarily
internal
commerce
since
restriction
become
subject
external
commerce
went
along
grant
part
power
state
protect
adequate
police
regulation
people
adulteration
articles
food
although
commerce
might
remotely
affected
necessarily
carries
existence
like
power
preserve
food
supply
belongs
common
people
state
become
subject
ownership
qualified
way
never
object
commerce
except
consent
state
subject
conditions
may
deem
best
impose
public
good
emphasis
added
field
dissenting
see
harlan
dissenting
field
dissenting
see
harlan
dissenting
inconsistency
result
case
geer
overlooked
dissenting
justice
see
pennsylvania
west
virginia
holmes
dissenting
significantly
brother
rehnquist
relies
dissent
discussion
alternative
basis
geer
preservation
valuable
natural
resource
rationale
see
supra
post
opinion
pennsylvania
west
virginia
like
west
expressly
rejected
argument
along
interstate
commerce
rationale
law
challenged
packing
passed
july
state
legislature
may
encouraged
take
action
certain
language
lacoste
louisiana
dept
conservation
language
also
relied
oklahoma
criminal
appeals
case
lacoste
upheld
louisiana
severance
tax
skins
wild
furbearing
animals
alligators
taken
state
cited
geer
proposition
wild
animals
within
borders
far
capable
ownership
owned
state
sovereign
capacity
common
benefit
people
ownership
exercise
police
power
state
may
regulate
control
taking
subsequent
use
property
rights
may
acquired
therein
preamble
act
read
part
follows
declare
shrimp
parts
thereof
waters
state
property
state
louisiana
provide
manner
extent
reduction
private
ownership
packing
haydel
cited
cases
proposition
state
without
power
prevent
privately
owned
articles
trade
shipped
sold
interstate
commerce
ground
required
satisfy
local
demands
needed
people
state
representative
people
state
might
retained
shrimp
consumption
use
therein
permitting
shrimp
taken
products
thereof
shipped
sold
interstate
commerce
state
necessarily
releases
hold
shrimp
taken
definitely
terminates
control
clearly
authorization
taking
pursuance
thereof
put
end
trust
upon
state
deemed
control
shrimp
benefit
people
taking
shrimp
authority
act
necessarily
thereby
become
entitled
rights
private
ownership
protection
commerce
clause
see
hicklin
orbeck
distinguished
geer
basis
used
packing
takahashi
fish
game
decided
day
toomer
reviewed
cases
distinguishing
questioning
geer
found
state
claim
ownership
inadequate
justify
ban
commercial
fishing
alien
residents
recent
years
recognized
interest
regulating
controlling
things
claim
including
wildlife
means
absolute
may
compel
confinement
benefits
resources
even
wildlife
people
whenever
hoarding
confinement
impedes
interstate
commerce
packing
haydel
pennsylvania
west
virginia
west
kansas
natural
gas
baldwin
montana
fish
game
see
douglas
seacoast
products
hatever
state
ultimate
purpose
may
accomplished
discriminating
articles
commerce
coming
outside
state
unless
reason
apart
origin
treat
differently
philadelphia
new
jersey
see
supra
section
apply
persons
transporting
three
dozen
less
natural
minnows
outside
state
see
supra
brief
oklahoma
argues
apparently
first
time
discrimination
sales
natural
minnows
justified
minnows
purchased
state
likely
used
bait
state
waters
brief
appellee
state
contends
minnows
returned
state
waters
bait
upset
ecological
balance
much
never
return
late
appearance
argument
total
absence
record
support
questionable
factual
assumptions
underlie
give
flavor
post
hoc
rationalization
state
bare
assertion
certainly
inadequate
survive
scrutiny
invoked
facial
discrimination
case
oklahoma
concedes
return
natural
minnows
bait
irrelevant
aspects
preserving
ecological
balance
brief
appellee
justice
rehnquist
chief
justice
joins
dissenting
seeming
preoccupation
recent
years
laws
relating
wildlife
must
suspect
appear
curious
casual
observers
institution
curious
however
recent
pronouncements
validity
geer
connecticut
less
one
year
ago
unreservedly
reaffirmed
principles
announced
geer
baldwin
montana
fish
game
today
overrules
decision
disagree
overruling
geer
holding
oklahoma
law
relating
sale
minnows
violates
commerce
clause
dissent
headlong
rush
overrule
geer
characterizes
decision
rest
ing
holding
interstate
commerce
involved
ante
true
one
rationales
relied
geer
state
exercise
power
control
killing
ownership
animals
ferae
naturae
prohibit
game
leaving
borders
state
thus
prevent
game
ever
becoming
objects
interstate
commerce
since
geer
view
challenged
statute
effectively
prevented
certain
game
entering
stream
interstate
commerce
basis
commerce
clause
challenge
state
law
dispute
rejection
theory
points
rationale
rejected
long
today
ante
see
west
kansas
natural
gas
objection
line
reasoning
undoubtedly
considered
important
majority
geer
unnecessary
sustain
decision
unneeded
disposition
present
case
one
oklahoma
criminal
appeals
state
contends
minnows
issue
subjects
interstate
commerce
obvious
simply
set
theory
sort
strawman
facilitate
toppling
decision
respects
enunciates
principles
remained
valid
vital
albeit
somewhat
refined
least
today
geer
expressed
view
derived
roman
law
wild
fish
game
located
within
territorial
limits
state
common
property
citizens
state
kind
trustee
may
exercise
common
ownership
benefit
citizens
admittedly
state
wild
creatures
within
borders
conventional
sense
word
baldwin
montana
fish
game
supra
douglas
seacoast
products
toomer
witsell
missouri
holland
concept
expressed
ownership
doctrine
obsolete
baldwin
montana
fish
game
supra
burger
concurring
long
recognized
ownership
language
geer
similar
cases
simply
shorthand
way
describing
state
substantial
interest
preserving
regulating
exploitation
fish
game
natural
resources
within
boundaries
benefit
citizens
douglas
seacoast
products
supra
toomer
witsell
supra
recognition
important
state
interest
upheld
variety
regulations
designed
conserve
maintain
natural
resources
state
see
baldwin
montana
fish
game
supra
huron
portland
cement
detroit
lacoste
louisiana
dept
conservation
patsone
pennsylvania
geer
connecticut
supra
manchester
massachusetts
mccready
virginia
smith
maryland
sure
state
power
preserve
regulate
wildlife
within
borders
absolute
state
accorded
wide
latitude
fashioning
regulations
appropriate
protection
wildlife
unless
regulation
directly
conflicts
federal
statute
treaty
douglas
seacoast
products
supra
kleppe
new
mexico
missouri
holland
supra
allocates
access
manner
violates
fourteenth
amendment
takahashi
fish
game
represents
naked
attempt
discriminate
enterprises
favor
businesses
unrelated
purpose
conservation
packing
haydel
state
special
interest
preserving
wildlife
prevail
true
matter
balkanized
resulting
pattern
commercial
activity
oklahoma
law
issue
case
serves
special
interest
state
representative
citizens
preserving
regulating
exploitation
minnows
found
within
waters
law
serve
protect
depletion
minnows
oklahoma
natural
streams
commercial
exportation
crim
app
oklahoma
statutory
scheme
may
artfully
designed
accomplish
purpose
range
regulations
state
may
adopt
circumstances
extremely
broad
particularly
burden
interstate
commerce
minimal
see
douglas
seacoast
products
rehnquist
concurring
part
dissenting
part
lacoste
louisiana
dept
conservation
supra
cf
baldwin
montana
fish
game
kleppe
new
mexico
supra
contrary
view
think
oklahoma
regulation
commercial
exploitation
natural
minnows
either
discriminates
enterprises
favor
local
businesses
burdens
interstate
commerce
minnows
least
showing
made
record
us
cf
florida
lime
avocado
growers
paul
case
state
regulation
permits
residents
export
naturally
seined
minnows
prohibits
nonresidents
person
allowed
export
natural
minnows
sale
outside
oklahoma
statute
evenhanded
application
see
okla
tit
supp
state
used
power
protect
citizens
outside
competition
see
hunt
washington
apple
advertising
hood
sons
du
mond
case
state
requires
nonresident
business
condition
exporting
minnows
move
significant
portion
operations
state
use
certain
state
resources
pursuit
business
benefit
local
economy
see
toomer
witsell
packing
haydel
johnson
haydel
cf
pike
bruce
church
notwithstanding
protestations
contrary
oklahoma
blocked
flow
interstate
commerce
minnows
state
borders
see
ante
appellant
anyone
else
may
freely
export
many
minnows
wishes
long
minnows
transported
hatchery
minnows
naturally
seined
minnows
record
simply
fail
see
interstate
commerce
minnows
commodity
issue
impeded
least
oklahoma
regulatory
scheme
oklahoma
regulate
manner
residents
nonresidents
procure
minnows
sold
outside
state
showing
record
requiring
appellant
purchase
minnows
hatcheries
instead
persons
licensed
seine
minnows
state
waters
way
increase
appellant
costs
business
also
nothing
record
indicate
naturally
seined
minnows
desirable
items
commerce
hatchery
minnows
far
record
us
indicates
hatchery
minnows
naturally
seined
minnows
fungible
accordingly
minimal
burden
may
result
requiring
appellant
purchase
minnows
destined
sale
state
hatcheries
instead
licensed
seine
minnows
view
outweighed
oklahoma
substantial
interest
conserving
regulating
exploitation
natural
minnow
population
therefore
affirm
judgment
oklahoma
criminal
appeals
see
tva
hill
snail
darters
baldwin
montana
fish
game
elk
douglas
seacoast
products
menhaden
kleppe
new
mexico
wild
horses
burros
fact
internal
commerce
may
distinct
interstate
commerce
destroys
whole
theory
upon
argument
plaintiff
error
proceeds
power
state
control
killing
ownership
game
admitted
commerce
game
state
law
permitted
necessarily
internal
commerce
since
restriction
become
subject
external
commerce
went
along
grant
part
geer
connecticut
geer
assigned
alternative
basis
decision
held
state
exercise
police
power
act
preserve
people
valuable
food
supply
even
though
interstate
commerce
remotely
indirectly
affected
aside
authority
state
derived
common
ownership
game
trust
benefit
people
state
exercises
relation
thereto
another
view
power
state
regard
property
game
equally
conclusive
right
preserve
game
flows
undoubted
existence
state
police
power
end
may
none
less
efficiently
called
play
interstate
commerce
may
remotely
indirectly
affected
kidd
pearson
hall
de
cuir
sherlock
alling
gibbons
ogden
wheat
indeed
source
police
power
game
birds
like
covered
statute
called
question
flows
duty
state
preserve
people
valuable
food
supply
see
also
new
york
ex
rel
silz
hesterberg
pennsylvania
west
virginia
holmes
dissenting
certain
statements
opinion
provide
basis
hope
principles
may
yet
survive
overruling
geer
see
ante
consider
interests
conservation
protection
wild
animals
legitimate
local
purposes
ante
overruling
geer
leave
powerless
protect
conserve
wild
animal
life
within
borders
geer
use
term
ownership
proprietary
sense
see
take
correct
doctrine
country
ownership
wild
animals
far
capable
ownership
state
proprietor
sovereign
capacity
representative
benefit
people
common
geer
recognized
limits
exercise
state
power
preserve
wildlife
within
boundaries
see
power
colonies
possessed
remains
present
day
far
exercise
may
incompatible
restrained
rights
conveyed
federal
government
constitution
view
fully
consistent
balancing
approach
commerce
clause
decisionmaking
enunciated
pike
bruce
church
relied
heavily
ante
pike
stated
statute
regulates
evenhandedly
effectuate
legitimate
local
public
interest
effects
interstate
commerce
incidental
upheld
unless
burden
imposed
commerce
clearly
excessive
relation
putative
local
benefits
legitimate
local
purpose
found
question
becomes
one
degree
extent
burden
tolerated
course
depend
nature
local
interest
involved
whether
promoted
well
lesser
impact
interstate
activities
seems
doubt
conservation
purpose
oklahoma
law
state
places
limit
number
minnows
licensed
dealer
may
take
state
waters
imposes
regulation
governing
disposition
minnows
within
state
ante
state
rationally
concluded
adequately
preserve
natural
minnow
population
without
additional
measures
tr
oral
arg
since
view
prohibition
export
naturally
seined
minnows
imposes
little
burden
interstate
commerce
minnows
state
violated
commerce
clause
choosing
export
ban
natural
minnows
means
effectuate
special
interest
conserving
wildlife
located
within
territorial
limits
thus
even
putting
aside
decision
geer
principles
come
known
considering
oklahoma
statute
according
general
rule
applied
state
regulations
natural
resources
ante
still
failed
explain
oklahoma
laws
burden
discriminate
interstate
commerce
minnows