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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