State Taxation and the Supreme Court: Toward a More Unified Approach to Constitutional Adjudication?

Hellerstein, Walter

Journal: Michigan Law Review

Volume: 75

First Page: 1426

Year: 1977

Bluebook Citation: 75 MICH. L. REV. 1426 (1977)

Author: Walter Hellerstein: all 25 publications


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Abstract

The first section of this Article examines three recent cases, each addressed to a different constitutional limitation on the scope of state tax power, that may be read as signifying a new approach: Michelin Tire Corp. v. Wages, which concerned the import-export clause; United States v. County of Fresno, which concerned the supremacy clause; and Complete Auto Transit, Inc. v. Brady, which concerned the commerce clause. Section II considers the implications of these decisions and explores -the possibility that they share an underlying doctrinal unity.

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