Historically, Some States Have Taken Advantage of Their Sovereign Discretion

question 52

Essay

Historically, some states have taken advantage of their sovereign discretion under institutions of federalism to discriminate against racial and ethnic minorities despite constitutional guarantees of equal protection and due process. How does federalism enable this sort of abuse? What institutions and political dynamics support legal discrimination at the state level in the American federal system? What political forces ultimately enabled the national government to end legal discrimination in these states?

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Definitions:

Predatory Pricing

A pricing strategy where a product or service is set at a very low price with the intent to drive competitors out of the market.

Premium Tires

High-quality tires that offer superior performance and durability compared to standard tires, often at a higher price point.

Sherman Act

A landmark federal statute in the United States antitrust law passed by Congress in 1890, which prohibits monopolistic and anticompetitive practices.

Antitrust Division

A section of the government tasked with enforcing laws to prevent unfair competition, monopolies, and to preserve market integrity.