CONSTITUTIONAL LAW
W.B. Fisch, Fall 2006
Assignment #9
3. The Scope of National
Power Today
Development from Cooley to Jones & Laughlin Steel:
Kennedy’s summary pp. 162-168
·
A negative definition
of “commerce among the several states”?
o
E.C. Knight in
antitrust law, cf. Standard
Oil
o
Adair in
labor relations, cf. Railway Clerks regarding railroad labor
·
Power to regulate
the movement of goods in interstate commerce:
o
power to prohibit movement of particular goods?
§
“Goods”
that are themselves harmful? Lottery Case, Hipolite Egg, Hoke
§
Goods that are
manufactured under conditions harmful to labor?
Hammer v. Dagenhart
(pretextual use of power to prohibit movement, in
order to regulate intrastate activities?)
o
Power to regulate
intrastate components of interstate movement?
Rate Cases
"Court-Packing
Plan", p. 168:
- Was it constitutional?
- did it cause the turn-around in early 1937? Jones & Laughlin Steel and Steward
Machine on New Deal legislation
U.S. v. Darby, p. 169 (1941): explicit rejection of two supposed
principles of prior law:
- That
"production" is not "commerce among the several
states"
- That
the effects of an activity on IC must be "direct"
Wickard v. Filburn, p. 170 (1942)
- What
activity is being regulated, to what purpose?
- Is
the activity "in commerce"?
- Does
it "substantially affect" i-c?
- the
complaining farmer's own activity?
- that
of others similarly situated?
HEART OF ATLANTA MOTEL V. U.S., p.
172 (1964).
- What
activity is being regulated, and to what purpose?
- does
the statute rely exclusively on the commerce clause for authority? What
other constitutional provisions support the statute?
- 14th amendment equal protection clause?
- 13th amendment prohibition against
slavery/involuntary servitude?
- does
it define the scope of coverage entirely in commerce clause terms?
- What
role do congressional findings play in the decision?
- In
what way does the regulated activity affect interstate commerce?
KATZENBACH V. MCCLUNG, p. 174
(1964).
- How
does this case differ from Heart of Atlanta Motel?
- What
connection with interstate commerce did Congress require in order for the
statute to apply?