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Perez v. Campbell

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Perez v. Campbell
Argued January 19, 1971
Decided June 1, 1971
Full case namePerez v. Campbell
Citations402 U.S. 637 (more)
29 L. ed. 2d, 91 S. Ct. 1704, 39 Law Week 4618
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Case opinions
MajorityWhite, joined by Black, Douglas, Brennan, Marshall, JJ
Concur/dissentBlackmun, joined by Burger, CJ; Harlan, Stewart, JJ

Perez v. Campbell, 402 U.S. 637 (1971), was a case in which the Supreme Court of the United States Arizona's law withholding the issuance of a driver's license was unconstitutional due to its conflict with the federal Bankruptcy Act under the Supremacy Clause on the Constitution.[1]

Opinion of the Court

Justice Byron White delivered the majority opinion, which held that the Motor Vehicle Safety Responsibility Act interefered with the purpose of the Bankruptcy Act § 17, a purpose which included giving those exiting bankrupcy the chance for a "clear field for future effort, unhampered by ... pre-existing debt."[2]


This decision was seen as overruling prior precedent in Keeler v. Department of Public Safety, 269 US 153 (1962) and Reitz v. Mealey, 314 US 33 (1941),[1] the court noting that those rulings "have no authoritative effect to the extent they are inconsistent with the controlling principle that state legislation that frustrates the full effectiveness of federal law is invalidated by the Supremacy Clause."[3]

References

  1. ^ a b Young, Rowland L. (August 1971). "Supreme Court Report: Bankruptcy Act Bars Motorist Responsibility Act". ABA Journal. p. 810. Retrieved 9 January 2013.
  2. ^ Navarra, Albert (2011-01-01). The Elements of Constitutional Law: A Guide to America's Most Timeless and Powerful Document. Law Book Press LLC. pp. 86–. ISBN 9780984478606. Retrieved 9 January 2013.
  3. ^ *Court Opinion at Justia