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Perez v. Campbell, 402 U.S. 637 (1971)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Perez v. Campbell, 402 U.S. 637 (1971)
Perez v. Campbell No. 5175 Argued January 19, 1971 Decided June 1, 1971 402 U.S. 637
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
The provision that
discharge in bankruptcy following the rendering of any such judgment [as a result of an automobile accident] shall not relieve the judgment debtor from any of the requirements of this article,
contained in Ariz.Rev.Stat. § 28-1163(b), part of the Motor Vehicle Safety Responsibility Act, which the Arizona courts have construed as having as
its principal purpose the protection of the public using the highways from financial hardship which may result from the use of automobiles by financially irresponsible persons,
directly conflicts with § 17 of the Bankruptcy Act, which states that a discharge in bankruptcy fully discharges all but certain specified judgments, and is thus unconstitutional as violative of the Supremacy Clause. Kesler v. Department of Public Safety, 369 U.S. 153, and Reitz v. Mealey, 314 U.S. 33, have no authoritative effect to the extent they are inconsistent with the controlling principle that state legislation that frustrates the full effectiveness of federal law is invalidated by the Supremacy Clause. Pp. 644-656.
421 F.2d 619, reversed and remanded.
WHITE, J., delivered the opinion of the Court, in which BLACK, DOUGLAS, BRENNAN, and MARSHALL JJ., joined. BLACKMUN, J., filed an opinion concurring in the result as to petitioner Emma Perez and dissenting as to petitioner Adolfo Perez, in which BURGER, C.J., and HARLAN and STEWART, JJ., joined, post, p. 657.
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Chicago: U.S. Supreme Court, "Syllabus," Perez v. Campbell, 402 U.S. 637 (1971) in 402 U.S. 637 402 U.S. 638. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=VAISI5Z1HX2HWZW.
MLA: U.S. Supreme Court. "Syllabus." Perez v. Campbell, 402 U.S. 637 (1971), in 402 U.S. 637, page 402 U.S. 638. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VAISI5Z1HX2HWZW.
Harvard: U.S. Supreme Court, 'Syllabus' in Perez v. Campbell, 402 U.S. 637 (1971). cited in 1971, 402 U.S. 637, pp.402 U.S. 638. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=VAISI5Z1HX2HWZW.
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