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)
Facts:
· The FL Sellers of Travel Act hampered federally licensed travel to Cuba.
Issue:
Whether the Florida Sellers of Travel Act unconstitutional and
therefore subject to a permanent injunction against it's enforcement?
Holding:
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.
Rationale:
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.
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