The bare question, then, is whether a state tax imposed upon the business of selling goods in foreign commerce, in so far as it is measured by the gross receipts from merchandise shipped to foreign countries, is ineffect a regulation of foreign commerce or an impost upon exports, within the meaning of the pertinent clauses of the federal Constitution.
But it is a commonplace of statutory construction that the specific governs the general, see, e. g., Crawford Fitting Co. v. J. T. Gibbons, Inc., 482 U.S. 437, 445 (1987) (a canon particularly pertinent here, where the "saving" clause is a relic of the pre-ADA/no pre-emption regime).
The legal provision that is pertinent, however, is the commerce clause of the U.S. Constitution, which has been held to prohibit any state from imposing a tax on an entity lacking a "nexus" in that state.
On this front, clause 189(4)(c) also appears pertinent — as it sets out that specific obligations on "relevant operators" can include: "obligations relating to the removal of electronic protection applied by a relevant operator to any communications or data" — which appears to suggest a requirement that companies are able to remove encryption when asked.
The construction demanded by the pertinent historical evidence, and entirely consistent with the clause's terms and purposes, is instead that it declares to whom citizenship, as a consequence either of birth or of naturalization, initially attaches.
Most pertinent to other disciplines is the "affect or is affected by" clause which may serve as a criterion to designate individuals or groups as stakeholders.
"The unprecedented economic conflicts of this administration need to be visible to the American people, including any pertinent documentation which can reveal the foreign influences and financial interests which may put Donald Trump in conflict with the emoluments clause of the Constitution," the description of the petition says.
"The unprecedented economic conflicts of this administration need to be visible to the American people, including any pertinent documentation which can reveal the foreign influences and financial interests which may put Donald Trump in conflict with the emoluments clause of the Constitution," states a brief description of the petition.
