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Q: How does constitutional power come into play in Justice Brandeis'
A: J. Brandeis believes that except in matters governed by the Federal
Constitution or Act of Congresss, the law to be applied in any case is
the law of the State and whether that law is declared by its Legislature
or decided by the judiciary, it is not a matter of federal concern.
Congress has no power to declare rules of common law applicable in a
State and nothing in the Constitution gives power to do so upon the