Black History: More than Just a Month by Mike Henry

By Mike Henry

One of the most attention-grabbing humans and occasions of the previous frequently get bypassed in a lecture room. This features a huge variety of African-Americans who helped construct this nation. Black background: greater than only a Month will pay tribute to those forgotten participants and their accomplishments.

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For instance, a state regulation that has the effect of increasing the cost borne by the fed­ eral government under the contract might be invalid as a violation of this immunity. Federal contractors: State immunity from federal regulation: The converse immunity, immunity of the states from federal regulation, exists only in a very theoretical way. In general, federal regulation of the states is valid. However, if a federal regulatory scheme had the effect of preventing the states from exer­ cising their core functions, this might be found to be a violation of the Tenth Amendment.

Thus Congress can regulate in a way that is reasonably related to highways, waterways, and air traffic. Presumably Congress can do so even though the activity in question in the particular case is com­ pletely intrastate. [44] POWERS OF THE FEDERAL GOVERNMENT; THE SEPARATION OF POWERS C-8 2. Instrumentalities: Second, Congress can regulate the "instrumentalities" of interstate commerce, even though the particular activities being regulated are completely intrastate. This category refers to people, machines, and other "things" used in carrying out commerce.

90] Example: California passes a law conditioning the construction of any new nuclear plant in the state upon a finding by a state agency that there would be "adequate storage facili- R y INTERGOVERNMENTAL IMMUNITIES; INTERSTATE RELATIONS C-20 ties and means of disposal" for that waste. Does the state scheme conflict with the pur­ poses of the federal nuclear-power regulatory system, in which Congress showed a desire to promote adoption of nuclear power? Held, "no"- the California waste-disposal requirement does not conflict with federal purposes.

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