Perez v. Campbell
| Perez v. Campbell | |
|---|---|
 | |
| Argued January 19, 1971 Decided June 1, 1971 | |
| Full case name | Perez v. Campbell |
| Citations | 402 U.S. 637 (more) 29 L. ed. 2d, 91 S. Ct. 1704, 39 Law Week 4618 |
| Court membership | |
| |
| Case opinions | |
| Majority | White, joined by Black, Douglas, Brennan, Marshall, JJ |
| Concur/dissent | Blackmun, 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 held that Arizona's law suspendinga driver's license was unconstitutional due to its conflict with the federal Bankruptcy Act under the Supremacy Clause on the Constitution.[1][2]
Background
The plantiff's, Mr. and Mrs. Perez, were licensed, uninsured motorist in the state of Arizona. Insurance was not required under Arizona law.[3] Mr. Perez was involved in a traffic accident, and
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."[4]
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."[5]
References
- ^ a b Young, Rowland L. (August 1971). "Supreme Court Report: Bankruptcy Act Bars Motorist Responsibility Act". ABA Journal. p. 810. Retrieved 9 January 2013.
- ^ "(title unclear)". Journal - State Bar of California. 46. State Bar of California: 641. 1971.
- ^ Arizona Law Review. College of Law of the University of Arizona. 1971. p. 749.
- ^ *Court Opinion at Justia
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