Proprietary Powers: A New Policy Tool for the States?

Authors

Richard Surrey

Abstract

The Supreme Court of the United States held that a state plan under which a bounty was paid to scrap metal processors for the processing of automobile hulks was an exercise of the state's proprietary power and not subject to the restrictions of the commerce clause. By so holding the Court avoided the need to balance state interests against the burden placed by the plan upon interstate commerce. This article discusses the effect of the Court's decision not to apply the balancing test and argues that state actions of this type should not be shielded from commerce clause scrutiny.

Recommended Citation

Richard Surrey, Proprietary Powers: A New Policy Tool for the States?, 31 U. Mia. L. Rev. 729 (1977)
Available at: https://repository.law.miami.edu/umlr/vol31/iss3/11