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Hines, Secretary of Labor & Industry of Pennsylvania v. Davidowitz

United States Supreme Court
312 U.S. 52 (1941)


Pennsylvania passed the Alien Registration Act in 1939 which required all non-United States citizens age eighteen or older and living within its borders to register once per year, pay a fine, and carry and show a registration card. In 1940, Congress passed the federal Alien Registration Act, which required non-United States citizens age fourteen or older to register and provide certain personal information to the federal government. Davidowitz (plaintiff) brought suit in federal district court seeking to enjoin Hines (defendant), the Secretary of Labor & Industry, from enforcing the state Alien Registration Act in Pennsylvania on the ground that it was preempted by the federal Alien Registration Act. A three-judge panel of the district court held that the Pennsylvania statute was preempted. Pennsylvania appealed to the United States Supreme Court.

Rule of Law


Holding and Reasoning (Black, J.)

Dissent (Stone, J.)

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