United States v. Carter

121 So. 2d 433, 1960 Fla. LEXIS 2506
CourtSupreme Court of Florida
DecidedJune 17, 1960
StatusPublished
Cited by5 cases

This text of 121 So. 2d 433 (United States v. Carter) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Carter, 121 So. 2d 433, 1960 Fla. LEXIS 2506 (Fla. 1960).

Opinion

THORNAL, Justice.

Petitioner United States of America asks us to review by certiorari an order of the respondent Commission defining its powers regarding the fixing of rates for intrastate transportation of goods.

We must determine whether the respondent State Commission has jurisdiction over rates for the Florida intrastate transportation of property for the United States Government.

The respondent Commission is the State agency empowered to regulate the rates and services of common carriers in Florida. [434]*434The United States engages the services of common carriers for the transportation of its own property and for the transportation of household effects of military personnel between points within the State. The United States petitioned the respondent Commission to .restrict its own rate making powers by ordering that it had no authority to fix the rates to be charged by common carriers for the types of intrastate transportation specifically above described. The Commission has concluded that it has the power to fix the intrastate .rates to be charged by common carriers for the aforementioned services. It further concluded that by law, Florida carriers are prohibited from entering into arrangements with the United States Government for the transportation of such goods for any rate other than that stipulated in the approved tariff on file with the respondent Commission. The United States now requests us to review and ultimately quash the subject order.

It is contended by the petitioner that the so-called “supremacy clause” of the United States Constitution precludes state interference with the authority of the Federal Government to negotiate for a satisfactory intrastate .rate for the transportation of the goods described above.

Respondent Commission contends that the petitioner is not bound to use the services of the intrastate common carriers, but that when it does it must pay the rates approved by the respondent in the interest of maintaining an ordered and well-balanced transportation system.

We are here confronted by a potential collision between asserted constitutional powers. As we shall see, the petitioner relies upon Article VI, Clause 2, Constitution of the United States (referred to hereafter as Article VI) which reads as follows :

“Clause 2. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

This is g-enerally described as the “supremacy clause.”

The respondent Commission establishes the point of cleavage by asserting that the power to regulate commerce within its own borders was one of those powers reserved to the States by the Tenth Amendment of the Constitution of The United States, which reads as follows:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

We shall refer to the foregoing merely as “the Tenth Amendment.”

In order to understand the positions of the contending parties, we must evaluate the nature and relative scope of authority of the federal and state governments as delineated in the Constitution of the United States.

It is clear that the government of the United States is one of delegated powers. It is authorized to exercise only those powers specifically delegated or essentially implicit in the powers delegated by the United States Constitution. By virtue of the Tenth Amendment, all other powers not so delegated to the federal government nor prohibited to the states are reserved to the latter. It is this great reservoir of authority that enables the several states to function within the limits of their jurisdictional areas, without colliding with the federal authority.

On the other hand, in those areas where the United States Constitution has specifically or by essential implication deposited the power to act in the federal [435]*435government, then by virtue of the quoted language of Article VI, supra, the assertion of such power by the federal government is the supreme law of the land. In those areas the authority of the states is necessarily subordinate. This is merely an abbreviated statement of the historic concept of divided sovereignty which distinguishes our American democracy as a unique system of government; one which projects the exercise of federal power into its proper orbit, and thereby exposes the remainder of the political firmament to state control.

There can be no doubt but that in the exercise of those powers delegated to it by the Constitution the federal government must be permitted to act without let, hin-derance or restriction by the several states. The Constitution contemplates that in the interest of all the people, only certain functions can be efficiently and effectively exercised by the general government. When the general government proceeds to execute these functions for the good of all of the people, it seems only logical that a small segment of the people should be precluded from interfering. This is accomplished by the application of the so-called “supremacy doctrine” which, in effect, is summarized above. The principle was first proclaimed by Chief Justice Marshall in McCulloch v. Maryland, 1819, 4 Wheat. 316, 4 L.Ed. 579. Perhaps this opinion is best identified by its classic dictum that “the power to tax involves the power to destroy.” However, in interpreting the Constitution the decision proclaimed the supremacy of the general government in those areas in which the federal organic law directed it to function. There is as much logic and common sense to this rule as there is to the correlative rule which requires the federal government to refrain from encroachment upon the reserved powers of the states made sacrosanct against federal interference by the Tenth Amendment. Barron, etc. v. Mayor and City Council of Baltimore, 7 Pet. 243, 8 L.Ed. 672, 675; Gibson et al. v. Florida Legislative Investigation Committee, Fla. 1959, 108 So.2d 729, certiorari denied 360 U.S. 919, 79 S.Ct. 1433, 3 L.Ed.2d 1535.

Reverting to the situation immediately at hand, we recall that the United States government causes to be transported by common carrier between points in Florida its own property as well as the household goods of servicemen moving under orders. For the transportation of both types of property the petitioner wishes to obtain competitive bids on rates or else negotiate rates with common carriers without the necessity of adhering to the rate structure approved by the respondent Commission and reflected by the carrier’s tariff on file with the Commission. The State Commission insists that the United States Government is not bound to use the services of these carriers, but that if it does it should pay established rates which have been approved after public hearings. The respondent Commission takes the position that the carriers, as distinguished from the United States Government, are bound by various sections of the Florida Statutes which expressly prohibit any discrimination in rates and charges made by common carriers.

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121 So. 2d 433, 1960 Fla. LEXIS 2506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-carter-fla-1960.