UNCONSTITUTIONAL CONDITIONS AND STATE POWERS

Authors

S. Chesterfield Oppenheim, George Washington University

Abstract

The genesis and development of the so-called doctrine of unconstitutional conditions represent a phase of the general problem of the division of state and federal powers. Its importance was first recognized in the series of cases dealing with the power of the state over foreign corporations seeking to do business within its borders, for it was in those decisions that the Supreme Court moderated the absolutism of the principle announced in Paul v. Virginia, by the indefinite qualification that the conditions of admission must not be "repugnant to the Constitution or laws of the United States".

Recommended Citation

S. C. Oppenheim, UNCONSTITUTIONAL CONDITIONS AND STATE POWERS, 26 Mich. L. Rev. 176 (1927).
Available at: https://repository.law.umich.edu/mlr/vol26/iss2/4