Prudential Insurance Co. v. Benjamin

Date: June 3, 1946

Citation: 328 U.S. 408

Issues: Commerce clause; taxation

Significance: The Supreme Court upheld a state law when a congressional enactment explicitly delegated the right to regulate a federal activity to the states.

By an 8-0 vote, the Supreme Court upheld a South Carolina statute that imposed a tax on insurance premiums for policies written in South Carolina by foreign (out-of-state) insurance companies, but not on policies written by domestic companies. Prudential, a New Jersey company, sued, asserting that the South Carolina law interfered with an interstate commerce power that properly belonged to the federal government. Although supported by the Court’s decisions in United States v. South-Eastern Underwriters Association (1944) and Cooley v. Board of Wardens of the Port of Philadelphia (1852), Prudential did not prevail because Congress had explicitly granted the right to regulate insurance to the states and not simply remained silent in the face of a state-based intrusion, as it had in previous cases.