Nebbia v New York

Nebbia v New York - Nebbia v. New York (p. 757) (291 U.S....

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Nebbia v. New York (p. 757) (291 U.S. 502, 1934) Brief overview: - prices received by milk farmers fell drastically below cost of production in 1932 - legislative committee concluded that milk was essential item of diet and farmers’ inability to break even threatened the possibility of contamination; additionally found that milk industry was paramount to state and required special price controls, due to price instability - established Milk Control Board = fixed maximum and minimum retail prices for milk; Nebbia convicted of selling price below minimum - court upheld law in 5-4 decision - Roberts’ majority opinion: - while use of property and making of contracts are generally free from governmental interference, not absolute rights; and government’s power to promote general welfare can override these private rights, provided government does not impede other constitutional provisions - reads 14 th and 5 th amendment due process clauses as simply stating that the end to be accomplished thru legislation must be done thru means not violating due process, i.e. such a
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