Crosby v. National Foreign Trade Council
Encyclopedia
Crosby v. National Foreign Trade Council, 530 U.S. 363 (2000), was a case in which the Supreme Court of the United States
used the preemption
doctrine to strike down the Massachusetts Burma Law
, a law that effectively prohibited Massachusetts
' governmental agencies from buying goods and services from companies conducting business with Myanmar
(Burma) — essentially, a secondary boycott. The Massachusetts Burma Law was modeled after similar legislation that had targeted the apartheid regime of South Africa
.
The Court reasoned that the United States Congress
had passed a law imposing sanctions on Myanmar, and that the Massachusetts law "undermine[d] the intended purpose and 'natural effect' of at least three provisions of the federal Act, that is, its delegation of effective discretion to the President to control economic sanctions against Burma, its limitation of sanctions solely to United States persons and new investment, and its directive to the President to proceed diplomatically in developing a comprehensive, multilateral strategy towards Burma."
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
used the preemption
Federal preemption
Federal preemption refers to the invalidation of US state law when it conflicts with Federal law.-Constitutional basis:According to the Supremacy Clause of the United States Constitution,...
doctrine to strike down the Massachusetts Burma Law
Massachusetts Burma Law
The Massachusetts Burma Law was a law enacted in 1996 by the Massachusetts legislature limiting state entities from purchasing services from companies doing business with Myanmar . A "restricted trade" list was compiled by the Commonwealth, which included 34 members of the National Foreign Trade...
, a law that effectively prohibited Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
' governmental agencies from buying goods and services from companies conducting business with Myanmar
Myanmar
Burma , officially the Republic of the Union of Myanmar , is a country in Southeast Asia. Burma is bordered by China on the northeast, Laos on the east, Thailand on the southeast, Bangladesh on the west, India on the northwest, the Bay of Bengal to the southwest, and the Andaman Sea on the south....
(Burma) — essentially, a secondary boycott. The Massachusetts Burma Law was modeled after similar legislation that had targeted the apartheid regime of South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
.
The Court reasoned that the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had passed a law imposing sanctions on Myanmar, and that the Massachusetts law "undermine[d] the intended purpose and 'natural effect' of at least three provisions of the federal Act, that is, its delegation of effective discretion to the President to control economic sanctions against Burma, its limitation of sanctions solely to United States persons and new investment, and its directive to the President to proceed diplomatically in developing a comprehensive, multilateral strategy towards Burma."
See also
- List of United States Supreme Court cases, volume 530
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume