Crosby v. National Foreign Trade Council

2000

Venue: SCOTUS

Facts: MA passes an act restricting trade with Burma. Congress later passes a statute with conditions and sanctions on Burma.

Posture: Ct. App. 1st Cir. finds that the MA act unconstitutionally interferes with the federal government's foreign affairs powers, the foreign commerce clause, and is preempted by the federal Burma act.

Issue: Is the MA law invalid under the supremacy clause?

Holding: Yes.

Rule: A state can't pass laws that frustrate the objectives of national laws.

Reasoning: The president has the authority to make foreign policy decisions, and this would undermine that aim. Congress has the power to pre-empt state laws.

Dicta: Scalia (concurring): the legislative history is irrelevant.