Dean Milk Co. v. Madison (US Supreme Court, 1951)

Beru Lars would pour a tall glass of blue milk for her husband Owen and their nephew Luke every night with dinner. They relied on the "Grade A" stamp on their bottles of blue milk to know that the blue milk they drank was pure, as well as rich, delicious, nutritious and refreshing after a hard day's work on the moisture farm.
They rely on their local government on Tatooine to provide that "Grade A" stamp. Cities and towns on Tatooine passed their own measures to provide inspection of blue milk.

The General Ordinances of the City of Mos Eisley, § 7.21 provides as follows:‘It shall be unlawful for any person, guild or corporation to sell, offer for sale or have in his or its possession with intent to sell or deliver in the City of Mos Eisley, any blue milk, blue cream or blue milk products as pasteurized unless the same shall have been pasteurized and bottled in the manner herein provided within a radius of eight kilometers from the central portion of the City of Mos Eisley otherwise known as Kerner Plaza, at a plant housing the droids, equipment and facilities, all of which shall have been approved by the Imperial Ministry of Public Health.’

The Bantha Herder Guild, an Agamar based trade association and blue milk distributing corporation (you may be familiar with their "Happy Banthas come from Agamar" ad campaign), sought a declaratory judgment that the Mos Eisley ordinance is invalid as a violation of the Interplanetary Commerce Clause of the Galactic Constitution.

The Galactic Supreme Court agreed with the Bantha Herder Guild that the ordinance imposed an undue burden on interplanetary commerce.

The Galactic Senate has recognized the appropriateness of local regulation of the sale of blue milk. The avowed purpose of the ordinance was legitimate. Regulation of blue milk and blue milk products may appropriately be regulated in the interest of the safety, health and well-being of local communities. After all, Banthas are filthy animals. Mos Eisley has an legitimate local public interest in making sure blue milk is processed in facilities that are sanitary, so that all blue milk sold to the public in Mos Eisley is fit for consumption, wholesome, and sufficiently blue.

But this regulation in practical effect excluded from distribution in Mos Eisley wholesome blue milk produced and pasteurized on Agamar. It is immaterial that Tatooine blue milk from outside the Mos Eisley area was subjected to the same proscription as that moving in interplanetary commerce.

The Court stated: "In thus erecting an economic barrier protecting a major local industry against competition from without the planet, Mos Eisley plainly discriminated against interplanetary commerce. This it cannot do, even in the exercise of its unquestioned power to protect the health and safety of its people, if reasonable nondiscriminatory alternatives, adequate to conserve legitimate local interests, are available."

It appeared to the majority of the Court that reasonable and adequate alternatives were available. Mos Eisley could have adequately relied on the Imperial Public Health Service to inspect the blue milk processing plants on Agamar and give them safety ratings.

The Court concluded by declaring that that "one planet in its dealings with another may not place itself in a position of economic isolation."

Hammer v. Dagenhart- (US Supreme Court, 1918)

Lando Calrissian, without doubt the classiest administrator the Bespin Cloud City had ever known, was in a pickle. Lando had just recently been able to bring the tibanna gas mining operation back up to profitable levels through the use of incredibly inexpensive ugnaught labor. The tibanna gas mined by the ugnaught mining crews and frozen in carbonite by ugnaught carbonite tech crews was distributed throughout the galaxy for use in developing hyperdrive and weapon technology. While some had murmured that the 18+ hour shifts and dangerous working conditions the ugnaughts toiled under were immoral, Calrissian easily shrugged off these complaints, knowing full well that the ugnaughts were a hardy, hard-working race. Besides, production was high and the credits were pouring into the station like a Naboo waterfall.

The Galactic Imperial Senate (just before its forceful dissolution) caught wind of this activity, as well as other such clandestine uses of diminutive species labor in the Outer Rim, and fearing a theoretical "race to the bottom" in labor standards throughout the galaxy, raised legislation that set wage levels and affixed limits on the amount of work hours. Under this legislation, any goods constructed from such "scoundrel-esque" and "rogue-ish" uses of labor could be barred from entering interplanetary commerce.

Calrissian, seeing the writing on the wall, had his chief administrator and legal advisor, Lobot, file an injunctive complaint with the Imperial Court, stating that the Imperial Senate had no power to create such legislation, that any supposedly applicable interplanetary commerce clause under the Old Republic constitution would be inapplicable to the Bespin Cloud City's mining activities; that mining as a purely local activity is too indirectly related to interplanetary commerce to fall under the Old Republic Senate's classic means of enacting legislation. The complaint further suggested that Imperial Senate's invocation of the almost ancient clause was merely a "pretext" for enacting legislation affecting purely planetary issues, a firm violation of the Cloud City's sovereignty.

The Imperial Court agreed, stating that the tibanna gas in question was not a harmful item that could be kept out of interplanetary commerce, simply the nature of the gas' mining and manufacturing was offensive to the Imperial Senate. As mining, manufacturing, hydrofarming and other forms of production were all planetary issues out of the Empire's hands (at the time), the Court struck down the legislation, allowing Calrissian's callous use of ugnaught labor to continue. Little did the Imperial Court know however, that by striking down the Imperial Senate's legislation that they had only made it more powerful then they could even imagine... [See, US v. Darby- (US Supreme Court, 1944)]

McCray v. United States- (US Supreme Court, 1904) [The oleomargarine tax case]

Dex's Diner serves up the best Vercupti of sgazza boleruueé in CoCo Town. What's the difference that draws in such notables as Obi-wan Kenobi? It's Dex's secret ingredient: lubricating oil.

Now, Dex didn't become a successful diner owner by wasting money on the finest quality ingredients, so he uses synthetic lubricating oil in his Vercupti of sgazza boleruueé. It tastes about the same, and no one has ever noticed the difference because the synthetic lubricating oil manufacturer artificially colored their product to give it the same, rich brown hue of natural lubricating oil.

Recently, Dex noticed a sharp jump in the price of synthetic lubricating oil. That's because the powerful natural lubricating oil industry lobbied the Galactic Senate for measures to eliminate the unwelcome competition from synthetic oils. The Galactic Senate passed a tax on artificially colored synthetic lubricating oil of 10 credits per pound, while clear synthetic lubricating oil remained taxed at 0.25 credits per pound.

I Can't Believe It's Not Natural Lubricating Oil Corp. brought suit to have the tax declared unconstitutional, claiming that the tax arbitrarily discriminated against synthetic lubricating oil in favor of natural lubricating oil as to destroy the synthetic lubricating oil industry for the benefit of the natural lubricating oil industry, and is thus repugnant to those fundamental principles which are inherent in the Galactic Constitution.

The Supreme Court ruled that the judiciary had no power to question the motive of the Galactic Senate in the exercise of its constitutional powers.

The power to tax is the power to destroy, but it is still a power of the Galactic Senate to use at its own discretion. Nothing in the Galactic Constitution limits the power to tax. It is beyond the Court's power to strike down a lawful tax, even if it seems unwise or oppressive.

The Court also stated that synthetic lubricating oil is greatly different from natural. The Court pointed out that some planets have banned the manufacture of artificially colored synthetic lubricating oil because it deceives the public.

Dex simply added his own artificial coloring to clear synthetic lubricating oil after this case. No one has complained.

Personally, I recommend just sticking to a hot cup of ardees if you visit Dex's Diner...

Hypothetical 3 [See US Constitution (Art. I, §8, Cl. 3; §9, Cl. 2)]

The Republic Senate has the power to create legislation over interplanetary commerce, including the channels, instrumentalities, individuals and droids of such commerce. The Trade Federation has formed a blockade around the planet Naboo for undetermined reasons. The Senate has dispatched two Jedis to negotiate with representatives from the Trade Federation. The negotiations fail, and the Republic Senate quickly creates a new law forbidding any blockades, and then files suit against the Trade Federation for their "flagrant" violation of that law. What result?

Marbury v Madison (US Supreme Court, 1803)

After winning the Battle of Endor, the Rebel Alliance assembled The New Republic under the articles of the New Republic Common Charter. Leia Organa Solo was the second, fourth, and sixth Chief of State. As she was preparing to leave office (for the final time), she made several last minute appointments to the Coruscant judiciary, including an honorary judge-ship for her long-time friend, Admiral Ackbar. Although the appointments were signed and sealed before Leia left office, she, in her rush to get back to Han and the children, forgot to drop them in the mail-droid, and they were never delivered.

Leia was replaced as Chief of State by Borsk Fey’lya, a Bothan who had opposed Leia during her service as leader of the New Republic, and a long time rival of Admiral Ackbar. Upon taking office, Borsk found the undelivered judicial appointments on his desk. He decided to show Leia and Ackbar who was boss, and refused to deliver them.
Ackbar, who had been given advance notice of his judge-ship, and who was very much looking forward to retiring from the stresses of military life, petitioned the New Republic’s Court of Justice to issue a mandate ordering Borsk to deliver his appointment. He based his claim on the fact that because the appointment was signed and sealed, it was a legally valid document. He also relied on a section of New Republic law recently passed by the Senate that stated:

“The Court of Justice shall have the ability to review appeals from the courts of the planets making up the New Republic; and shall have the power to issue mandates to any court or person holding office under the authority of the New Republic.” (New Republic Senate Law on Judicial Proceedings §13)

The Court of Justice was aware that issuing a mandate ordering Borsk to enforce the appointment would be an encroachment on the powers of the Chief of State. The Justices were concerned that such an attempt to infringe on the executive power would lead Borsk to not only ignore the mandate, but to also have the Justices tossed into the Sarlacc pits of Tatooine.

In order to avoid that unpleasant outcome, the Court of Justice turned to the New Republic Common Charter. In the article describing the powers of the Court, they found a clause that read:

“In all cases affecting foreign dignitaries or ambassadors, and in cases in which a planet is a party, the Court of Justice shall have the power to hear cases of original jurisdiction. In all other cases, the Court shall only have the power to hear appeals from the lower systems, unless the Senate creates exceptions.” (New Republic Common Charter, Article III, § 2, clause 2)

Since Admiral Ackbar’s petition had been sent straight to the Court of Justice, it was not an appeal, and was therefore not allowed under the Charter. However, in order for the Justices to refuse Ackbar’s request, they had to also come up with a reason why the exception created in the New Republic Senate Law, and relied upon in Ackbar’s request, was invalid.

Upon close examination, they discovered that if they interpreted the semi-colon in the relevant provision as a period, it looked as though the clause allowing issues of mandates applied to both original and appellate jurisdiction. They had found their loophole.

In the official opinion issued by the Court, the Justices claimed a new power- the ability to interpret the Charter to make sure the laws and decrees of the Senate did not contradict the Charter’s supreme law. This power of judicial review would allow the Court to void any law they found “uncharteristic.” This allowed them to void §13 of the New Republic Senate Law on Judicial Proceedings, since it violated (kind of, maybe) the Charter’s tenet regarding Judicial power. Admiral Ackbar’s petition was therefore denied.

By granting itself the power to nullify Senate laws, the Court of Justice avoided the risk of intruding on Borsk’s power. The Justices lived to judge another day, and no Bothans died to uphold the rights and powers of the Judicial branch of the New Republic.