H. R. 3 flunks all these tests. First. as to necessity. the majority report of the Judiciary Committee makes the undocumented assertion that in recent years many State laws have been nullified and many new areas have been taken over by the doctrine of Federal preemption. But I have seen no documentation of the total number of cases involving the preemption doctrine in the past decade or two. how many went to the Supreme Court. how many were resolved in favor of Federal supremacy and how many in favor of State laws. I doubt that such an analysis could easily be made.
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