Friday, May 23, 2014

ABC Charters Inc. v. Bronson case brief summary

ABC Charters Inc. v. Bronson
2009 WL 1010435 (S.D. Fla. 2009)

The federal government can limit the right to travel to certain destinations (Cuba).
State law which attempts to establish its own foreign policy is violative of the interstate commerce clause and is preempted by existing Federal Law (Direct Conflict).
(Preemption of State Law)
·         The FL Sellers of Travel Act hampered federally licensed travel to Cuba.
Whether the Florida Sellers of Travel Act unconstitutional and therefore subject to a permanent injunction against it's enforcement?
No, it violated the supremacy clause because a comprehensive scheme of federal law and regulation preempts the FL law's passage. Def enjoined from enforcing.
The FL law burdens the ability of the nation as a whole to choose a foreign policy with Cuba, furthermore the law conflicts with and is preempted by federal laws/regs already existing and it affects the flow of foreign commerce, violative of the interstate commerce clause. FL is conducting its own foreign policy. US Const vests exclusive authority of foreign relations to the national govt.
This case is indicative of the voice of a Local Community and the difficulty to enact national laws in their interest. 

Ex: Tampa lightning storm, potential enactment of law that allows compensation to those by who have to wait before taking off on a flight.

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