Lochner Era Flashcards
Pre-1937 restricted congress to regulate only when…
there was a direct effect on interstate commerce.
- Congress could not regulate other stages of business (mining, manufacturing and production).
US v. FC Knight
Constitution did not allow Congress to regulate manufacturing.
Carter v. Carter Coal
Congress cannot regulate manufacturing and production(setting wages, prices, and hours) as it occurs in an individual state.
Hammer v. Dagenhart
Congress cannot regulate factories employing children as it would impede on States’ police power.
ALA Schechter Poultry Corp v. US
Congress can only regulate when there is a direct effect on interstate commerce.
1937- The switch in time that saved nine
Congress could regulate any activity when there was a substantial effect on interstate commerce, and could exercise control over all phases of business and any activity that cumulatively influenced interstate commerce.
1937- 10th amendment was no longer a limit on Congressional power because…
a federal law would be upheld so long as it was within the scope of Congress’ power, and it was being interpreted so broadly that seemingly any law would meet this requirement.
US. v. Darby
Congress may control production by regulating shipments because of its effect on commerce.
Katzenbach v. McClung
Discrimination by restaurants cumulatively has an impact on interstate commerce.
