World Library  
Flag as Inappropriate
Email this Article
 

Hughes v. Oklahoma

Hughes v. Oklahoma
Argued January 9, 1979
Decided April 24, 1979
Full case name William Hughes v. Oklahoma
Citations 441 U.S. 322 (more)
99 S.Ct. 1727; 60 L.Ed.2d 250
Prior history Appeal from the Court of Criminal Appeals of Oklahoma
Holding
The Congress may enact legislation governing wildlife on federal lands. When conflicting state law exists, the supremacy clause ensures that federal legislation will prevail.
Court membership
Case opinions
Majority Brennan, joined by Stewart, White, Marshall, Blackmun, Powell, Stevens
Dissent Rehnquist, joined by Burger

Hughes v. Oklahoma, 441 U.S. 322 (1979), was a United States Supreme Court decision, which held that the United States Congress may enact legislation governing wildlife on federal lands. When conflicting state law exists, the supremacy clause ensures that federal legislation will prevail. The Court thereby overruled Geer v. Connecticut (1896), rejecting the earlier case's "19th century legal fiction of state ownership" of wildlife. In the Court’s view, this "fiction" had "been eroded to the point of virtual extinction in cases involving regulation of wild animals." With the fall of Geer, the last precedential impediment to the federal government's wildlife management authority was removed. The case stemmed from Hughes being convicted of shipping minnows fished from Oklahoma waters out of the state.

The Dormant Commerce Clause Doctrine

Oklahoma enacted statutes that prevented any person from selling minnows found within the natural waters of the state of Oklahoma outside of the state of Oklahoma. Oklahoma claimed that the purpose of the statute was for wildlife conservation. The Supreme Court held that the statute violated the Dormant Commerce Clause because it discriminated the flow of interstate commerce without being the least discriminatory alternative.

See also

Further reading


This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 



Copyright © World Library Foundation. All rights reserved. eBooks from Hawaii eBook Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.