One of only two cases in which the court has struck

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Chapter APC / Exercise 3
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20 one of only two cases in which the court has struck down law on nondelegation grounds 16
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Chapter APC / Exercise 3
Business English
Guffey/Seefer
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1. during these years, it became the Court's position that Congress had the power to regulate any activity so long as it had any appreciable effect whatsoever on interstate commerce 2. Court abandons the geographical and direct vs. indirect theories B. NLRB v. Jones & Laughlin Steel (1937) 1. Congress may pass acts which address issues that may burden or obstruct interstate or foreign commerce 2. if an intrastate activity has such a close and substantial relation to interstate commerce that its control is essential or appropriate to protect commerce from burdens and obstructions, then Congress may regulate it. 3. policy: in light of our "dual system of govt" (i.e., states vs federal) the relationship of an intrastate activity to interstate commerce must be meaningful a. i.e., the key issue to examine before ruling is the degree of the interrelationship (opposite of Carter Coal ) C. US v. Darby (1941) – overruled Hammer v. Dagenhart (commerce-prohibiting power reaffirmed; beginning of aggregation theory) 1. Congress has plenary power from Art I, §8, cl. 3 to regulate any form of interstate commerce for any policy reason (not just that the item itself is noxious or evil), whether or not a state has acted to regulate it already [Lottery case, Ames ] 2. When intrastate activities (e.g., wage and hour restrictions) have a substantial economic effect on interstate commerce, then Congress can regulate them [Shreveport] a. if Congress can prohibit the shipment of goods interstate, then it follows by the necessary and proper clause (I, 8, 18) that it can prohibit the production of those items in sublabor conditions 21 3. Conclusions not affected by the X Amend which merely states that all is retained which has not been surrendered. D. Judicial Deference toward Exercise of the Commerce Power 1. Aggregation of local activities – Wickard v. Filburn (1942) a. Growing wheat for home consumption in excess of quota is not trivial when combined with others who might do the same 22 i. therefore, Congress can prohibit even the self-sufficient!! b. indicated that federalism concerns might affect the construction of statutes drafted under the commerce power: "that an activity is of local character may help in a doubtful case to determine whether Congress meant to reach it."

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