Effective Regulation of Public Utilities
[T]he word "right" is one of the most deceptive of pitfalls; it is so easy to slip from a qualified meaning in the premise to an unqualified one in the conclusion. Most rights are qualified.
American Bank & Trust Co. v. Federal Reserve Bank, 256 U.S. 350, 358 (1921)
U.S. District Court for Wisconsin: State corporate structure regulation in relation to the Commerce Clause of the U.S. Constitution
Holding company whose utility subsidiary served Wisconsin consumers challenged in federal court the state’s holding company statute, on Commerce Clause grounds. Under the U.S. Supreme Court’s Pike v. Bruce Church precedent, a state may impose nondiscriminatory burdens on interstate commerce if the state’s purposes are legitimate and sufficient. This testimony, prepared for the State of Wisconsin, describes the state purposes served by utility regulation.