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Sample text

Question-Does Congress have the power to prohibit in interstate commerce useful and harmless articles made by convict labor? Decision-Yes . Reasons-J. Hughes (8-0). The congressional power to regulate commerce is complete in itself, acknowledging no other limitations than those prescribed by the Constitution. ” The power to prohibit interstate transportation has been upheld in many cases. In fact, in the exercise of its control over interstate commerce, Congress may have the quality of police regulations.

B. v. Jones and Laughlin Steel Corp. (1937). Knight was the first big interpretation of the Sherman Antitrust Act. The practical effect of Knight was a legal “no man’s land”-the doctrine of “dual federalism” that was seemingly erased in United States v. S. 1 0 0 (1941). but which has reemerged in more recent cases dealing with the relationship between state and federal powers. S. 564; 15 S. Ct. 900; 39 L. Ed. 1092 (1895) Facts-Eugene V. Debs and associates, officers of the American Railway Union, had instituted a strike against the Pullman Company of Chicago.

The grant of power to regulate commerce does not contain any terms that expressly exclude the states from exercising any authority over this subject matter. Although Congress has the power to regulate pilots, its legislation manifests an intention to allow states to regulate in this area. ” J. McLean and J. Wayne dissented. Note-The Court adopted a “selective exclusiveness doctrine” in which Congress would regulate commerce that was national and uniform and the states would regulate such matters that were considered to be local.

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