| 翻訳と辞書 |
| Arizona v. New Mexico ： ウィキペディア英語版 |
Arizona v. New Mexico
''Arizona v. New Mexico'', 425 U.S. 794 (1976), is an opinion from the United States Supreme Court which denied a motion from the State of Arizona seeking authorization to file suit against the State of New Mexico by invoking the original jurisdiction of the court.
==Background==
Most of the electricity generated at the Four Corners Generating Station located in northwest New Mexico is transmitted for export and sold in neighboring states.〔''Arizona Public Service Co. v. Snead'', 441 U.S. 141 (1979).〕 In 1975 New Mexico enacted the Electrical Energy Tax Act, which imposed a tax on electricity generated by power plants within the state. The tax amounted to about 2 percent of the retail value of electricity. The Act further allowed electric companies in New Mexico to credit the amount of this tax against their existing tax liability from an existing 4 percent gross receipts tax on retail sales of electricity, essentially eliminating the effect of the tax upon New Mexico's in-state users of electricity.〔 Electricity generated from in-state power plants but exported for sale to out-of-state customers did not have any gross receipts tax liability to credit the energy tax against.
Arizona filed a motion seeking to invoke the original jurisdiction of the Supreme Court under Article III Section 2 of the United States Constitution for authorization to file a complaint against New Mexico. Section 2 of Article III states that in cases in which a state is a party, the Supreme Court will have original jurisdiction, meaning that the trial will take place before the court. The complaint alleged that the New Mexico energy tax was invalid as it placed an unconstitutional burden on interstate commerce in violation of the Commerce Clause, denied Arizona due process and equal protection under the law under the Fourteenth Amendment, and abridged the privileges and immunities guarantied by Article IV, Section 2 of the Constitution.〔
New Mexico in its reply to the motion argued that the Court should deny the motion as the three Arizona electric companies had filed an action in the district court of Santa Fe County seeking a declaratory judgment that the energy tax was invalid, and that the companies had refused to pay the tax.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Arizona v. New Mexico」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|