Legislative Powers - The Commerce Clause, 2nd Era (1890-1936) Flashcards
Where is the Commerce Clause in the Constitution?
Article I, Section 8, Clause 3
Congress has the power under the Commerce Clause to regulate commerce with…
foreign nations, among the several states, and with the Indian tribes
What is arguably the most important substantive power of the Federal Government?
Congress’ power to regulate commerce among the several states
Does Congress’ power to regulate commerce also imply a power to prohibit commerce?
Yes, Champion v. Ames
What is the Shreveport doctrine?
Wherever the interstate and intrastate transactions of carriers are so substantially related that the government of the one involves the control of the other, it is Congress and not the state that is entitled to prescribe the final and dominant rule (railways)
Interstate train routes have a “close and substantial” relationship with interstate railroads. Because there was a direct effect on interstate movement, Congress could regulate the intrastate activity.
What was the rule of law that came from E.C. Knight (1895)?
That manufacturing is not commerce and Congress can only regulate the transfer of goods across states lines and not the manufacturing of those goods.
Manufacturing was an indirect affect.
What case overturned E.C. Knight (1895)?
NLRB v. Jones and McLaughlin (1937)
What were the method of reasoning in E.C. Knight (1895)?
Textual Argument – manufacturing is not commerce AND slippery slope argument because by allowing Congress to regulate intrastate activities then Congress could regulate anything and the states would be ousted (Formalistic legal reasoning)
What is the Swift Doctrine?
Congress can regulate anything in the “stream of commerce” that would ease a blockage in the flow of commerce between states.
What was the rule of law that came from Champion v. Ames (1903)?
The trafficking of lottery tickets across state lines constitutes interstate commerce that may be prohibited entirely by Congress via the Commerce Clause
What is the rule of law that came from Hammer v. Dagenhart (1918)?
Congress may not use its Commerce Clause power to regulate child labor in the states as this is a purely local matter.
What is the rule of law that came from Carter Coal?
Congress may not regulate a purely local act under its Commerce Clause powers.
What was the takeaway about production from Carter Coal?
Production is purely local activity; the regulation of hours/wages is production.
