Category: Antidepression Legislation
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Indian Tribes
Commerce With Indian TribesCongress's power to regulate commerce "with the Indian tribes," once almost rendered superfluous by Court decision,1 has now been resurrected and made largely the basis for informing judicial judgment with res…
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State Police Power
Interstate Commerce: National Prohibitions and State Police PowerThe earliest acts prohibiting commerce were in the nature of quarantine regulations and usually dealt solely with interstate transportation. In 1884, the exportation or shipment in interstate commerce of livestock having any infectious…
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The Darby Case
The Darby CaseIn sustaining the Fair Labor Standards Act 1 in 1941,2 the Court expressly overruled Hammer v. Dagenhart.3 "The distinction on whic…
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The Lottery Case
The Lottery CaseThe first case to come before the Court in which the issues discussed above were canvassed at all thoroughly was Champion v. Ames,1 involving the act of 1895 "for the suppression of lotteries." <a name=t2 href=#f2 target=&qu…
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Protective Tariffs
Foreign Commerce: Protective TariffsTariff laws have customarily contained prohibitory provisions, and such provisions have been sustained by the Court under Congress's revenue powers and under its power to regulate foreign commerce. For the Court in Board of Trustees v. United States,<a name=t1…
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Railroad Retirement Act
Railroad Retirement ActStill pursuing the idea of protecting commerce and the labor engaged in it concurrently, Congress, by the Railroad Retirement Act of June 27, 1934,1 ordered the compulsory retirement of superannuated employees of interstate car…
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Inactivity
Activity Versus InactivityInactivity.&emdash;In National Federation of Independent Business (NFIB) v. Sebelius,1 the Court held that Congress did not have the authority under the Commerce Clause to impose a requirement compelling certain individuals …
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National Industrial Recovery Act
National Industrial Recovery ActThe initial effort of Congress to deal with this situation was embodied in the National Industrial Recovery Act of June 16, 1933.1 The opening section of the Act asserted the existence of "a national emergency pro…
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National Labor Relations Act
National Labor Relations ActThe case in which the Court reduced the distinction between "direct" and "indirect" effects to the vanishing point and thereby placed Congress in the position to regulate productive industry and labor relations in these industries was NLRB v. Jones & L…
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National Police Power
The Commerce Clause as a Source of National Police PowerThe Court has several times expressly noted that Congress's exercise of power under the Commerce Clause is akin to the police power exercised by the states.1 It should follow, therefore, tha…
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Criminal Law
Criminal Law and the Congress Commerce PowerFederal criminal jurisdiction based on the commerce power, and frequently combined with the postal power, has historically been an auxiliary criminal jurisdiction. That is, Congress has made federal crimes of acts that constitute state crimes on the basis …
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Embargo
Foreign Commerce: Jefferson's EmbargoEmbargo.&emdash;"Jefferson's Embargo" of 1807-1808, which cut all trade with Europe, was attacked on the ground that the power to regulate commerce was the power to preserve it, not the power to destroy it. This argument was rejected by Judge Da…
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Fair Labor Standards Act
Fair Labor Standards ActIn 1938, Congress enacted the Fair Labor Standards Act. The measure prohibited not only the shipment in interstate commerce of goods manufactured by employees whose wages are less than the prescribed maximum but also the employment of workmen in the production of goods for su…
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Agricultural Adjustment Act
Agricultural Adjustment ActAct.&emdash;Congress's second attempt to combat the Depression was the Agricultural Adjustment Act of 1933.1 As is pointed out elsewhere, the measure was set aside as an attempt to regulate production, a subject held to…
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Agricultural Marketing Agreement Act
Agricultural Marketing Agreement ActAfter its initial frustrations, Congress returned to the task of bolstering agriculture by passing the Agricultural Marketing Agreement Act of June 3, 1937,1 authorizing the Secretary of Agriculture to fix the mini…