Supreme Court of the United States
Argued Jan. 16, 1996.
Decided March 26, 1996.
Syllabus*
A 1916 federal law (Federal
Statute) permits national banks to sell
insurance in small towns, but a Florida law
(State Statute) prohibits such banks from
selling most types of insurance. When
petitioner Barnett Bank, a national bank
doing business in a small Florida town,
bought a state licensed insurance agency,
respondent State Insurance Commissioner
ordered the agency to stop selling the
prohibited forms of insurance. In this
action for declaratory and injunctive
relief, the District Court held that the
State Statute was not pre-empted, but only
because of the McCarran-Ferguson Act's
special insurance-related anti-pre-emption
rule. That rule provides that a federal law
will not pre-empt a state law enacted
"for the purpose of regulating the business
of insurance"unless the f ederal
statute "specifically relates to the
business of insurance." 15 U.S.C. §
1012(b) (emphasis added). The Court of
Appeals affirmed.
Held: The Federal
Statute pre-empts the State Statute. Pp.
__-__.
(a) Under ordinary pre-emption
principles, the State Statute would be
pre-empted, for it is clear that Congress,
in enacting the Federal Statute, intended to
exercise its constitutionally delegated
authority to override contrary state law.
The Federal and State Statutes are in
"irreconcilable conflict,"
Rice v. Norman Williams Co., 458 U.S.
654, 659, 102 S.Ct. 3294, 3298-3299, 73
L.Ed.2d 1042, since the Federal Statute
authorizes national banks to engage in
activities that the State Statute expressly
forbids. Thus, the State's prohibition would
seem to "stan[d] as an obstacle to the
accomplishment" of one of the Federal
Statute's purposes,
Hines v. Davidowitz, 312 U.S. 52, 67,
61 S.Ct. 399, 404, 85 L.Ed. 581, unless,
as the State contends, Congress intended to
limit federal permission to sell insurance
to those circumstances permitted by state
law. However, by providing, without relevant
qualification, that national banks "may . .
. act as the agent" for insurance sales, 12
U.S.C. § 92, the Federal Statute's language
suggests a broad, not a limited, permission.
That this authority is granted in "addition
to the powers now vested . . . in
national [banks]," ibid. (emphasis
added), is also significant. Legislative
grants of both enumerated and incidental
"powers" to national banks historically have
been interpreted as grants of authority not
normally limited by, but rather ordinarily
pre-empting, contrary state law. See,
e.g.,
First Nat. Bank of San Jose v. California,
262 U.S. 366, 368-369, 43 S.Ct. 602,
602-603, 67 L.Ed. 1030. Where, as here,
Congress has not expressly conditioned the
grant of power upon a grant of state
permission, this Court has ordinarily found
that no such condition applies.
Franklin Nat. Bank v. New York, 347
U.S. 373, 74 S.Ct. 550, 98 L.Ed. 767.
The State's argument that special
circumstances surrounding the Federal
Statute's enactment demonstrate Congress'
intent to grant only a limited permission is
unpersuasive. Pp. __-__.
(b) The McCarran-Ferguson Act's
anti-pre-emption rule does not govern this
case, because the Federal Statute
"specifically relates to the business of
insurance." This conclusion rests upon the
Act's language and purposes, taken together.
The word "relates" is highly general; and in
ordinary English, the Federal Statutewhich
focuses directly upon industry-specific
selling practices and affects the relation
of insured to insurer and the spreading of
risk"specifically" relates to the insurance
business. The Act's mutually reinforcing
purposesthat state regulation and taxation
of the insurance business is in the public
interest, and that Congress' "silence
. . . shall not be construed to impose any
barrier to [such] regulation or taxation,"
15 U.S.C. § 1011 (emphasis added)also
support this view. This phrase, especially
the word "silence," indicates that the Act
seeks to protect state regulation primarily
against inadvertent federal intrusion, not
to insulate state insurance regulation from
the reach of all federal law. The
circumstances surrounding the Act's
enactment also suggest that the Act was
passed to ensure that generally phrased
congressional statutes, which do not mention
insurance, are not applied to the issuance
of insurance policies, thereby interfering
with state regulation in unanticipated ways.
The parties' remaining arguments to the
contrary are unconvincing. Pp. __-__.
43 F.3d 631 (CA 11 1995),
reversed.
BREYER, J., delivered the
opinion for a unanimous Court.
On Writ of Certiorari to the
United States Court of Appeals for the
Eleventh Circuit.
Nathan Lewin, Washington, DC,
for petitioner.
Richard P. Press, for the
United States as amicus curiae, by special
leave of the Court.
Daniel Y. Sumner, Ja
cksonville, FL, for state respondents.
Ann M. Kappler, Washington, DC,
for private respondents.
Justice BREYER delivered the
opinion of the Court.
The question in this case is
whether a federal statute that permits
national banks to sell insurance in small
towns pre-empts a state statute that forbids
them to do so. To answer this question, we
must consider both ordinary pre-emption
principles, and also a special federal
anti-pre-emption rule, which provides that a
federal statute will not pre-empt a
state statute enacted "for the purpose of
regulating the business of insurance"unless
the federal statute "specifically relates
to the business of insurance."
McCarran-Ferguson Act, 15 U.S.C. § 1012(b)
(emphasis added). We decide that the
McCarran-Ferguson Act's special
anti-pre-emption rule does not govern this
case, because the federal statute in
question "specifically relates to the
business of insurance." We conclude that,
under ordinary pre-emption principles, the
federal statute pre-empts the state statute,
thereby prohibiting application of the state
statute to prevent a national bank from
selling insurance in a small town.
I
In 1916 Congress enacted a
federal statute that says that certain
national banks "may" sell insurance in small
towns. It provides in relevant part:
"In addition to the
powers now vested by law in national [banks]
organized under the laws of the United
States any such [bank] located and
doing business in any place [with a
population] . . . [of not more than] five
thousand . . . may, under such rules
and regulations as may be prescribed by the
Comptroller of the Currency, act as the
agent for any fire, life, or other insurance
company authorized by the authorities of
the State . . . to do business [there], . .
. by soliciting and selling insurance . . .
Provided, however, That no such bank shall .
. . guarantee the payment of any premium . .
. And provided further, That the bank shall
not guarantee the truth of any statement
made by an assured [when applying] . . . for
insurance." Act of Sept. 7, 1916 (Federal
Statute), 39 Stat. 753, 12 U.S.C. § 92
(emphases changed).
In 1974 Florida enacted a
statute that prohibits certain banks from
selling most kinds of insurance. It says:
"No [Florida
licensed] insurance agent . . . who is
associated with, . . . owned or controlled
by . . . a financial institution shall
engage in insurance agency activities. . .
." Fla. Stat. Ann. § 626.988(2) (Supp.1996)
(State Statute).
The term "financial
institution" includes
"any bank . . . [except for a]
bank which is not a subsidiary or affiliate
of a bank holding company and is located in
a city having a population of less than
5,000 . . . ." § 626.988(1)(a).
Thus, the State Statute says,
in essence, that banks cannot sell insurance
in Floridaexcept that an unaffiliated
small town bank (i.e., a bank that is
not affiliated with a bank holding company)
may sell insurance in a small town. Ibid.
In October 1993 petitioner
Barnett Bank, an "affiliate[d]" national
bank which does business through a branch in
a small Florida town, bought a Florida
licensed insurance agency. The Florida State
Insurance Commissioner, pointing to the
State Statute, (and noting that the
unaffiliated small town bank exception did
not apply), ordered Barnett's insurance
agency to stop selling the prohibited forms
of insurance. Barnett, claiming that the
Federal Statute pre-empted the State
Statute, then filed this action for
declaratory and injunctive relief in federal
court.
The District Court held that
the Federal Statute did not pre-empt the
State Statute, but only because of the
special insurance-related federal
anti-pre-emption rule. The McCarran-Ferguson
Act, which creates that rule, says:
"No act of Congress shall be
construed to invalidate, impair, or
supersede any law enacted by any State for
the purpose of regulating the business of
insurance, or which imposes a fee or tax
upon such business, unless such Act
specifically relates to the business of
insurance. . . ." McCarran-Ferguson Act (or
Act), § 2(b), 59 Stat. 34, 15 U.S.C. §
1012(b).
The District Court decided both
(1) that the Federal Statute did not fall
within the McCarran-Ferguson Act's exception
because it did not "specifically relat[e] to
the business of insurance"; and (2) that the
State Statute was a "law enacted . . . for
the purpose of regulating the business of
insurance." Barnett Banks of Marion
County,
N.A. v. Gallagher,
839 F.Supp. 835, 840-841, 843 (M.D.Fla.1993)
(internal quotation marks omitted).
Consequently, the McCarran-Ferguson Act, in
the District Court's view, instructs courts
not to "constru[e]" the Federal Statute "to
invalidate" the State Statute. 15 U.S.C. §
1012(b). The Eleventh Circuit Court of
Appeals, for similar reasons, agreed that
the Federal Statute did not pre-empt the
State Statute. Barnett Bank of Marion
County,
N.A. v. Gallagher,
43 F.3d 631, 634-637 (1995).
We granted certiorari due to
uncertainty among lower courts about the
pre-emptive effect of this Federal Statute.
Owensboro Nat. Bank v. Stephens, 44
F.3d 388 (C.A.6 1994) (pre-emption of
Kentucky statute that prevents national
banks from selling insurance in small
towns);
First Advantage Ins., Inc. v. Green,
652 So.2d 562 (La.Ct.App.), rev. den.,
654 So.2d 331 (1995) (no pre-emption). We
now reverse the Eleventh Circuit.
II
We shall put the
McCarran-Ferguson Act's special
anti-pre-emption rule to the side for the
moment, and begin by asking whether, in the
absence of that rule, we should construe the
Federal Statute to pre-empt the State
Statute. This question is basically one of
congressional intent. Did Congress, in
enacting the Federal Statute, intend to
exercise its constitutionally delegated
authority to set aside the laws of a State?
If so, the Supremacy Clause requires courts
to follow federal, not state, law. U.S.
Const., Art. VI, cl. 2;
California Fed. Sav. & Loan Assn. v.
Guerra, 479 U.S. 272, 280-281, 107 S.Ct.
683, 689-690, 93 L.Ed.2d 613 (1987)
(reviewing pre-emption doctrine).
Sometimes courts, when facing
the pre-emption question, find language in
the federal statute that reveals an explicit
congressional intent to pre-empt state law.
E.g.,
Jones v. Rath Packing Co.,
430 U.S. 519, 525, 530-531, 97 S.Ct. 1305,
1309-1310, 1312-1313, 51 L.Ed.2d 604 (1977).
More often, explicit pre-emption language
does not appear, or does not directly answer
the question. In that event, courts must
consider whether the federal statute's
"structure and purpose," or nonspecific
statutory language, nonetheless reveal a
clear, but implicit, pre-emptive intent.
Id., at 525, 97 S.Ct. at 1309-1310;
Fidelity Fed. Sav. & Loan Assn. v. de la
Cuesta, 458 U.S. 141, 152-153, 102 S.Ct.
3014, 3022, 73 L.Ed.2d 664 (1982). A federal
statute, for example, may create a scheme of
federal regulation "so pervasive as to make
reasonable the inference that Congress left
no room for the States to supplement it."
Rice v. Santa Fe Elevator Corp., 331
U.S. 218, 230, 67 S.Ct. 1146, 1152, 91 L.Ed.
1447 (1947). Alternatively, federal law
may be in "irreconcilable conflict" with
state law.
Rice v. Norman Williams Co., 458 U.S.
654, 659, 102 S.Ct. 3294, 3298-3299, 73
L.Ed.2d 1042 (1982). Compliance with
both statutes, for example, may be a
"physical impossibility,"
Florida Lime & Avocado Growers, Inc. v.
Paul, 373 U.S. 132, 142-143, 83 S.Ct.
1210, 1217-1218, 10 L.Ed.2d 248 (1963);
or, the state law may "stan[d] as an
obstacle to the accomplishment and execution
of the full purposes and objectives of
Congress."
Hines v. Davidowitz, 312 U.S. 52, 67,
61 S.Ct. 399, 404, 85 L.Ed. 581 (1941).
In this case we must ask
whether or not the Federal and State
Statutes are in "irreconcilable conflict."
The two statutes do not impose directly
conflicting duties on national banksas they
would, for example, if the federal law said,
"you must sell insu rance," while the state
law said, "you may not." Nonetheless, the
Federal Statute authorizes national banks to
engage in activities that the State Statute
expressly forbids. Thus, the State's
prohibition of those activities would seem
to "stan[d] as an obstacle to the
accomplishment" of one of the Federal
Statute's purposesunless, of course, that
federal purpose is to grant the bank only a
very limited permission, that is,
permission to sell insurance to the
extent that state law also grants permission
to do so.
That is what the State of
Florida and its supporting amici
argue. They say that the Federal Statute
grants national banks a permission that is
limited to circumstances where state law is
not to the contrary. In their view, the
Federal Statute removes only federal legal
obstacles, not state legal obstacles, to the
sale of insurance by national banks. But we
do not find this, or the State's related,
ordinary pre-emption arguments convincing.
For one thing, the Federal
Statute's language suggests a broad, not a
limited, permission. That language says,
without relevant qualification, that
national banks "may . . . act as the agent"
for insurance sales. 12 U.S.C. § 92. It
specifically refers to "rules and
regulations" that will govern such sales,
while citing as their source not state law,
but the federal Comptroller of the Currency.
Ibid. It also specifically refers to
state regulation, while limiting that
reference to licensingnot of banks or
insurance agents, but of the insurance
companies whose policies the bank, as
insurance agent, will sell. Ibid.
For another thing, the Federal
Statute says that its grant of authority to
sell insurance is an "addition to the
powers now vested by law in national
[banks]." Ibid. (emphasis added). In
using the word "powers," the statute chooses
a legal concept that, in the context of
national bank legislation, has a history.
That history is one of interpreting grants
of both enumerated and incidental "powers"
to national banks as grants of authority not
normally limited by, but rather ordinarily
pre-empting, contrary state law. See,
e.g.,
First Nat. Bank of San Jose v. California,
262 U.S. 366, 368-369, 43 S.Ct. 602,
602-603, 67 L.Ed. 1030 (1923) (national
banks' "power" to receive deposits pre-empts
contrary state escheat law);
Easton v. Iowa, 188 U.S. 220,
229-230, 23 S.Ct. 288, 290, 47 L.Ed. 452
(1903) (national banking system normally
"independent, so far as powers conferred are
concerned, of state legislation");
Waite v. Dowley, 94 U.S. 527, 533, 24
L.Ed. 181 (1876) ("[W]here there exists
a concurrent right of legislation in the
States and in Congress, and the latter has
exercised its power, there remains in the
States no authority to legislate on the same
matter").
Thus, this Court, in a case
quite similar to this one, held that a
federal statute permitting, but not
requiring, national banks to receive savings
deposits, pre-empts a state statute
prohibiting certain state and national banks
from using the word "savings" in their
advertising.
Franklin Nat. Bank v. New York, 347
U.S. 373, 375-379, 74 S.Ct. 550, 552-554, 98
L.Ed. 767 (1954) (Federal Reserve Act
provision that national banks "may continue
. . . to receive . . . savings deposits"
read as "declaratory of the right of a
national bank to enter into or remain in
that type of business"). See also de la
Cuesta, supra, at 154-159, 102 S.Ct., at
3022-3026 (1982) (federal regulation
permitting, but not requiring, national
banks to include in mortgage contracts a
debt accelerating "due on sale" clause,
pre-empts a state law forbidding the use of
such a clause); cf. Lawrence County v.
Lead-Deadwood School Dist. No. 40-1, 469
U.S. 256, 105 S.Ct. 695, 83 L.Ed.2d 635
(1985) (federal statute providing that local
government units "may" expend federal funds
for any governmental purpose pre-empts state
law restricting their expenditure).
In defining the pre-emptive
scope of statutes and regulations granting a
power to national banks, these cases take
the view that normally Congress would not
want States to forbid, or to impair
significantly, the exercise of a power that
Congress explicitly granted. To say this is
not to deprive States of the power to
regulate national banks, where (unlike here)
doing so does not prevent or significantly
interfere with the national bank's exercise
of its powers. See, e.g.,
Anderson Nat. Bank v. Luckett,
321 U.S. 233, 247-252, 64 S.Ct. 599,
606-609, 88 L.Ed. 692 (1944) (state
statute administering abandoned deposit
accounts did not "unlawful[ly] encroac[h] on
the rights and privileges of national
banks");
McClellan v. Chipman, 164 U.S. 347,
358, 17 S.Ct. 85, 87-88, 41 L.Ed. 461 (1896)
(application to national banks of state
statute forbidding certain real estate
transfers by insolvent transferees would not
"destro[y] or hampe[r]" national banks'
functions); National Bank v.
Commonwealth, 76 U.S. (9 Wall.) 353,
362, 19 L.Ed. 701 (1869) (national banks
subject to state law that does not
"interfere with, or impair [national banks']
efficiency in performing the functions by
which they are designed to serve [the
Federal] Government").
Nor do these cases control the
interpretation of federal banking statutes
that accompany a grant of an explicit power
with an explicit statement that the exercise
of that power is subject to state law. See,
e.g., 12 U.S.C. § 36(c) (McFadden
Act) (authorizing national banks to operate
branches, but only where state law
authorizes state banks to do so); § 92(a)
(Comptroller of Currency may grant fiduciary
powers "by special permit to national banks
applying therefor, when not in contravention
of State or local law"). Not surprisingly,
this Court has interpreted those explicit
provisions to mean what they say. See,
e.g.,
First Nat. Bank in Plant City v. Dickinson,
396 U.S. 122, 131, 90 S.Ct. 337, 342, 24
L.Ed.2d 312 (1969) (under McFadden Act,
state branching restrictions apply to
national banks);
First Nat. Bank of Logan v. Walker Bank &
Trust Co., 385 U.S. 252, 260-261, 87
S.Ct. 492, 496-497, 17 L.Ed.2d 343 (1966)
(same); see also Van Allen v. Assessors,
70 U.S.(3 Wall.) 573, 586, 18 L.Ed. 229
(1865) (enforcing 1864 amendments to
National Bank Act expressly authorizing
state taxation of national bank shares).
But, as we pointed out,
supra, at __-__, where Congress has not
expressly conditioned the grant of "power"
upon a grant of state permission, the Court
has ordinarily found that no such condition
applies. In Franklin Nat. Bank, the
Court made this point explicit. It held that
Congress did not intend to subject national
banks' power to local restrictions, because
the federal power-granting statute there in
question contained "no indication that
Congress [so] intended . . . as it has done
by express language in several other
instances." 347 U.S., at 378, and n. 7, 74
S.Ct., at 553-554, and n. 7 (emphasis added)
(collecting examples).
The Federal Statute before us,
as in Franklin Nat. Bank, explicitly
grants a national bank an authorization,
permission, or power. And, as in Franklin
Nat. Bank, it contains no "indication"
that Congress intended to subject that power
to local restriction. Thus, the Court's
discussion in Franklin Nat. Bank, the
holding of that case, and the other
precedent we have cited above, strongly
argue for a similar interpretation herea
broad interpretation of the word "may" that
does not condition federal permission upon
that of the State.
Finally, Florida and its
supporters challenge this interpretation by
arguing that special circumstances
surrounding the enactment of the Federal
Statute nonetheless demonstrate Congress'
intent to grant only a limited permission
(subject to State approval). They point to a
letter to Congress written by the
Comptroller of the Currency in 1916. The
Comptroller attached a draft of what became
the Federal Statute, and the letter explains
to Congress why the Comptroller wants
Congress to enact his proposal. The letter
says that, since 1900, many small town
national banks had failed; that some States
had authorized small town state banks to
sell insurance; that providing small town
national banks with authority to sell
insurance would help them financially; and
that doing so would also improve their
competitive position vis-a-vis state banks.
The relevant language in the letter
(somewhat abridged) reads as follows:
"[Since 1900, of
3,084 small national banks, 438] have either
failed or gone into liquidation. . . .
[T]here are many banks located in [small
towns] . . . where the small deposits which
the banks receive may make it somewhat
difficult [to earn] . . . a satisfactory
return. . . .
"For some time I have
been giving careful consideration to the
question as to how the powers of these small
national banks might be enlarged so as to
provide them with additional sources of
revenue and place them in a position where
they could better compete with local State
banks and trust companies which are
sometimes authorized under the law to do a
class of business not strictly that of
commercial banking. . . .
"[The federal banking
laws, while granting national banks certain
"incidental powers," do not give them]
either expressly nor by necessary
implication the power to act as agents for
insurance companies. . . .
. . . . .
"My investigations
lead me respectfully to recommend to
Congress an amendment to the national-bank
act by which national banks located in
[small towns] . . . may be permitted to act
as agents for insurance companies. . . .
"It seems desirable
from the standpoint of public policy and
banking efficiency that this authority
should be limited to banks in small
communities. This additional income will
strengthen them and increase their ability
to make a fair return. . . .
"I think it would be
unwise and therefore undesirable to confer
this privilege generally upon banks in large
cities where the legitimate business of
banking affords ample scope for the energies
of trained and expert bankers. . . .
"I inclose . . . a
draft . . . designed to empower national
banks located in [small] towns . . . under
such regulations and restrictions as may
from time to time be approved and
promulgated by the Comptroller of the
Currency, to act as agents for the placing
of insurance policies. . . ." 53 Cong. Rec.
11001 (1916) (Letter from Comptroller
Williams to the Chairman of the Senate Bank
and Currency Committee).
Assuming for argument's sake
that this letter is relevant, and in
response to the arguments of Florida and its
supporters, we point out that the letter
does not significantly advance their cause.
Although the letter mentions that enlarging
the powers of small national banks will help
them "better compete with local State
banks," it primarily focuses upon small town
national banks' need for added revenuean
objective met by a broad insurance-selling
authority that is not limited by state law.
The letter refers to limitations that
federal regulation might impose, but it
says nothing about limitations imposed by
state regulation or state law.
The letter makes clear that authority to
sell insurance in small towns is an added
"incidental power" of a national banka term
that, in light of this Court's then-existing
cases, suggested freedom from conflicting
state regulation. See Easton, 188
U.S., at 229-230, 23 S.Ct., at 290; First
Nat. Bank, 262 U.S., at 368-369, 43
S.Ct., at 602-603. The letter sets forth as
potential objections to the proposal, (or to
its extension to larger national banks),
concerns about distracting banking
management or inhibiting the development of
banking expertisenot concerns related to
state regulatory control.
We have found nothing elsewhere
in the Federal Statute's background or
history that significantly supports the
State's arguments. And as far as we are
aware, the Comptroller's subsequent
interpretation of the Federal Statut e does
not suggest that the statute provides only a
limited authority subject to similar state
approval. Cf. 12 CFR § 7.7100 (1995); OCC
Interpretive Letter No. 366, CCH Fed.
Banking L. Rep. 85,536, p. 77,833 (1986).
In light of these
considerations, we conclude that the Federal
Statute means to grant small town national
banks authority to sell insurance, whether
or not a State grants its own state banks or
national banks similar approval. Were we to
apply ordinary legal principles of
pre-emption, the federal law would pre-empt
that of the State.
III
We now must decide whether
ordinary legal principles of pre-emption, or
the special McCarran-Ferguson Act
anti-pre-emption rule, governs this case.
The lower courts held that the
McCarran-Ferguson Act's special
anti-pre-emption rule applies, and instructs
courts not to "construe" the Federal Statute
to "invalidate, impair, or supersede" that
of the State. 15 U.S.C. § 1012(b). By its
terms, however, the Act does not apply when
the conflicting federal statute "specifically
relates to the business of insurance."
Ibid. (emphasis added). In our view,
the Federal Statute in this case
"specifically relates to the business of
insurance"therefore the McCarran-Ferguson
Act's special anti-pre-emption rule does not
apply.
Our conclusion rests upon the
McCarran-Ferguson Act's language and
purpose, taken together. Consider the
language "specifically relates to the
business of insurance." In ordinary English,
a statute that says that banks may act as
insurance agents, and that the Comptroller
of the Currency may regulate their
insurance-related activities, "relates
" to the insurance business. The word
"relates" is highly general, and this Court
has interpreted it broadly in other
pre-emption contexts. See, e.g.,
Pilot Life Ins. Co. v. Dedeaux,
481 U.S. 41, 47, 107 S.Ct. 1549, 1552-1553,
95 L.Ed.2d 39 (1987) (words " 'relate
to' " have " 'broad common-sense meaning,
such that a state law "relate[s] to" a
benefit plan ". . . if it has a connection
with or reference to such a plan" ' ")
(quoting
Metropolitan Life Ins. Co. v.
Massachusetts, 471 U.S. 724, 739, 105
S.Ct. 2380, 2388-2389, 85 L.Ed.2d 728 (1985),
and
Shaw v. Delta Air Lines Inc., 463
U.S. 85, 97, 103 S.Ct. 2890, 2900, 77
L.Ed.2d 490 (1983));
Morales v. Trans World Airlines, Inc.,
504 U.S. 374, 383-384, 112 S.Ct. 2031,
2036-2037, 119 L.Ed.2d 157 (1992)
(interpreting similarly the words "
'relating to' " in the Airline Deregulation
Act).
More importantly, in ordinary
English, this statute "specifically "
relates to the insurance business.
"Specifically" can mean "explicitly,
particularly, [or] definitely," Black's Law
Dictionary 1398 (6th ed.1990), thereby
contrasting a specific reference with
an implicit reference made by more
general language to a broader topic. The
general words "business activity," for
example, will sometimes include, and thereby
implicitly refer, to insurance; the
particular words "finance, banking, and
insurance" make that reference explicitly
and specifically.
Finally, using ordinary
English, one would say that this statute
specifically relates to the "business of
insurance." The statute explicitly
grants national banks permission to "act as
the agent for any fire, life, or other
insurance company," to "solici[t] and sel[l]
insurance," to "collec[t] premiums," and to
"receive for services so rendered . . . fees
or commissions," subject to Comptroller
regulation. 12 U.S.C. § 92. It also sets
forth certain specific rules prohibiting
banks from guaranteeing the "payment of any
premium on insurance policies issued through
its agency . . ." and the "truth of any
statement made by an assured in filing his
application for insurance." Ibid. The
statute thereby not only focuses directly
upon industry-specific selling practices,
but also affects the relation of insured to
insurer and the spreading of riskmatters
that this Court, in other contexts, has
placed at the core of the McCarran-Ferguson
Act's concern.
Union Labor Life Ins. Co. v. Pireno,
458 U.S. 119, 129, 102 S.Ct. 3002,
3008-3009, 73 L.Ed.2d 647 (1982) (citing
Group Life & Health Ins. Co. v. Royal
Drug Co., 440 U.S. 205, 99 S.Ct. 1067,
59 L.Ed.2d 261 (1979);
Department of Treasury v. Fabe, 508
U.S. 491, 502-504, 113 S.Ct. 2202, ----
- ----, 124 L.Ed.2d 449 (1993).
Consider, too, the
McCarran-Ferguson Act's basic purposes. The
Act sets forth two mutually reinforcing
purposes in its first section, namely that
"continued regulation and taxation by the
several States of the business of insurance
is in the public interest," and that "silence
on the part of the Congress shall not be
construed to impose any barrier to the
regulation or taxation of such business by
the several States." 15 U.S.C. § 1011
(emphasis added). The latter phrase,
particularly the word "silence," indicates
that the Act does not seek to insulate state
insurance regulation from the reach of all
federal law. Rather, it seeks to protect
state regulation primarily against
inadvertent federal intrusionsay,
through enactment of a federal statute that
describes an affected activity in broad,
general terms, of which the insurance
business happens to comprise one part.
The circumstances surrounding
enactment of the McCarran-Ferguson Act
suggest the same. Just prior to the law's
enactment, this Court,
United States v. South-Eastern
Underwriters Assn., 322 U.S. 533, 64
S.Ct. 1162, 88 L.Ed. 1440 (1944), held
that a federal antitrust law, the Sherman
Act, applied to the business of insurance.
The Sherman Act's highly general language
said nothing specifically about insurance.
See 15 U.S.C. § 1 (forbidding every
"contract, combination . . . or conspiracy,
in restraint of trade or commerce among the
several States"). The Sherman Act applied
only to activities in or affecting
interstate commerce. Hopkins v.
United States, 171 U.S. 578, 586, 19
S.Ct. 40, 43, 43 L.Ed. 290 (1898). Many
lawyers and insurance professionals had
previously thought, (relying, in part, on
this Court's opinion in Paul v. Virginia,
75 U.S.(8 Wall.) 168, 183, 19 L.Ed. 357
(1868), and other cases), that the issuance
of an insurance policy was not a
"transaction of commerce," and therefore
fell outside the Sherman Act's scope.
South-Eastern Underwriters told those
professionals that they were wrong about
interstate commerce, and that the Sherman
Act did apply. And South-Eastern
Underwriters' principle meant,
consequently, that other generally phrased
congressional statutes might also apply to
the issuance of insurance policies, thereby
interfering with state regulation of
insurance in similarly unanticipated ways.
In reaction to South-Eastern
Underwriters, Congress "moved quickly,"
enacting McCarran-Ferguson "to restore the
supremacy of the States in the realm of
insurance regulation." Fabe, supra,
at 500, 113 S.Ct., at ----. But the
circumstances we have just described mean
that "restor[ation] " of "supremacy"
basically required setting aside the
unanticipated effects of South-Eastern
Underwriters, and cautiously avoiding
similar unanticipated interference with
state regulation in the future. It did not
require avoiding federal pre-emption by
future federal statutes that indicate,
through their "specific relat[ion]" to
insurance, that Congress had focused upon
the insurance industry, and therefore, in
all likelihood, consciously intended to
exert upon the insurance industry whatever
pre-emptive force accompanied its law. See
also, e.g., insofar as relevant, 91
Cong. Rec. 483 (1945) (statement of Sen.
O'Mahoney, floor manager of the Act, that
the Act was intended to be "a sort of
catch-all provision to take into
consideration other acts of Congress which
might affect the insurance industry, but of
which we did not have knowledge at the
time"); ibid. (similar statement of
Sen. Ferguson).
The language of the Federal
Statute before us is not gener al. It refers
specifically to insurance. Its state
regulatory implications are not surprising,
nor do we believe them inadvertent. See Part
II, supra. Consequently,
considerations of purpose, as well as of
language, indicate that the Federal Statute
falls within the scope of the
McCarran-Ferguson's "specifically relates"
exception to its anti-pre-emption rule.
John Hancock Mut. Life Ins. Co. v. Harris
Trust & Sav. Bank, 510 U.S. ----, ----,
114 S.Ct. 517, 525, 126 L.Ed.2d 524 (1993)
(adopting the United States' view that
language in the Employee Retirement Income
Security Act of 1974 defining a "guaranteed
benefit policy" as a certain kind of
"insurance" policy, "obviously and
specifically relates to the business of
insurance") (internal quotation marks
omitted).
We shall mention briefly why we
are not convinced by several of the parties'
remaining arguments. Florida says that the
Federal Statute "specifically relates" to
banking, not to insurance. But, a statute
may specifically relate to more than one
thing. Just as an ordinance forbidding dogs
in city parks specifically relates to dogs
and to parks, so a statute permitting banks
to sell insurance can specifically relate to
banks and to insurance. Neither the
McCarran-Ferguson Act's language, nor its
purpose, requires the Federal Statute to
relate predominantly to insurance. To
the contrary, specific detailed references
to the insurance industry in proposed
legislation normally will achieve the
McCarran-Ferguson Act's objectives, for they
will call the proposed legislation to the
attention of interested parties, and thereby
normally guarantee, should the proposal
become law, that Congress will have focused
upon its insurance-related effects.
An amicus argues that
our interpretation would give the Act
"little meaning," because "whenever a state
statute 'regulates' the business of
insurance, any conflicting federal statute
necessarily will 'specifically relate' to
the insurance business." Brief for American
Council of Life Insurance as Amicus
Curiae 4. We disagree. Many federal
statutes with potentially pre-emptive
effect, such as the bankruptcy statutes, use
general language that does not appear to
"specifically relate" to insurance; and
where those statutes conflict with state law
that was enacted "for the purpose of
regulating the business of insurance," the
McCarran-Ferguson Act's anti-pre-emption
rule will apply. See generally Fabe,
508 U.S., at 501, 113 S.Ct., at ---- (noting
the parties' agreement that federal
bankruptcy priority rules, although
conflicting with state law, do not
"specifically relate" to the business of
insurance.)
The lower courts argued that
the Federal Statute's 1916 date of enactment
was significant, because Congress would have
then believed that state insurance
regulation was beyond its "Commerce Clause"
power to affect. The lower courts apparently
thought that Congress therefore could not
have intended the Federal Statute to
pre-empt contrary state law. The short
answer to this claim is that there is no
reason to think that Congress believed state
insurance regulation beyond its
constitutional powers to affect insofar as
Congress exercised those powers to create,
to empower, or to regulate, national banks.
See McCulloch v. Maryland, 17 U.S.(4
Wheat.) 316, 4 L.Ed. 579 (1819); Farmers'
and Mechanics' Nat.
Bank v. Dearing,
91 U.S. 29, 33, 23 L.Ed. 196 (1875); see
also, e.g., Easton v. Iowa, 188 U.S.,
at 238, 23 S.Ct., at 293. We have explained,
see Part II, supra, why we conclude
that Congress indeed did intend the
Federal Statute to pre-empt conflicting
state law.
Finally, Florida points to
language in Fabe, which states that
the McCarran-Ferguson Act "imposes what is,
in effect, a clear-statement rule" that
forbids pre-emption "unless a federal
statute specifically requires otherwise."
508 U.S., at 507, 113 S.Ct., at ----.
Florida believes that this statement in
Fabe means that the Federal Statute
would ha ve to use the words "state law is
pre-empted," or the like, in order to fall
within the McCarran-Ferguson Act exception.
We do not believe, however, that Fabe
imposes any such requirement. Rather, the
quoted language in Fabe was a general
description of the Act's effect. It simply
pointed to the existence of the clause at
issue herethe exception for federal
statutes that "specifically relat[e] to the
business of insurance." But it did not
purport authoritatively to interpret the
"specifically relates" clause. That matter
was not at issue in Fabe. We
therefore believe that Fabe does not
require us to reach a different result here.
For these reasons, the judgment
of the Court of Appeals is reversed.
It is so ordered.
* The syllabus constitutes no
part of the opinion of the Court but has
been prepared by the Reporter of Decisions
for the convenience of the reader.
United States v. Detroit Lumber Co.,
200 U.S. 321, 337, 26 S.Ct. 282, 287, 50
L.Ed. 499.