Hencely v. Fluor Corp. · ¶43

The Court has not hesitated to apply this principle in the military context. In Penn Dairies, the Court allowed a state milk-price regulation to apply to a military contractor providing milk to soldiers on a military base during the Second World War. 318 U. S., at 266–267, 278–279. The contractor argued that applying the regulations to its military contracting operations was unconstitutional, because Congress alone has the power to raise and support armies, and the regulation interfered with the exercise of that power. Id., at 268–269; see Art. I, § 8, cl. 12. The Court rejected that argument. It explained that while Congress's enumerated powers enable it to “declare state regulations like” the one at issue “inapplicable to sales to the government,” the state law was not preempted because the Court could not “find in Congressional legislation . . . any disclosure of a purpose to…

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