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LA chartered slaughterhouse company, 25 year monopoly. Butchers not included in monopoly sued, saying they were deprived of “right” to ply their trade. Not actually deprived, just inconvenienced. Due process protected nonarticulated property rights from state interference? 14th A limited states? CW Amendments had no purpose but to protect rights of former slaves. 4 supported substantive due process. While want strong national gov, not going to destroy the system.
Recent history, pass law for health of citizens ((throwing carcasses into river). If bought arg, fed gove would be committed to protect all sorts of rights. Post cw- power shifts to fed gov, but not to this degree!, sc would become perpetual censor, leaves states right to protect legal, political rights of citizens. Dissenters- don’t like monopolies. |
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| Civil rights law of 1875- section 5. Ct ruled that didn’t give congress any affirmative power, only respond to discripinitory measures by states. Black journalist goes to theater, ct- private enterprise, need state enactment to fight, not statue in books, just private act of discrimination. 14th a- can correct state action, not individuals. Cannot be proactive to end discrimination, shrink 14th a |
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| Interstate commerce- granger laws. But differing state regulations had impact on rrs, wanted national regularory scheme, wanted reversal of ct’s approval of state regulation in absence of fed action. Ct- states could not regulate interstate commerce. |
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| Economic ish, passed laws “granger laws” established maximum rate schedules. Common law allowed regulation of common carriers. Owners attacked law, claimed a violation of due process clause. Court avoided due process, instead relied on common law, state could regulate businesses affected with public interest. Explicitly denied due process, did concede that state could go too far in regulation and violate 14th A. midwetern farmers organize, keep transit rates as low as possible. Munn owns grain elevator, cheats. Illinois leg sets rates, commissioners to grade grain. 14th- sub due process. State- police power. Munn is exception, look to common law to regulate. |
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| Monopolies- post Sherman antitrust act, trying to get the states to take a more active role in policing conduct of corporations, basically nullified Sherman. Distinction between commerce and manufacture, can’t regulate manufacture. Direct v indirect influence, manufacture has indirect influence on commerce. |
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Pullman company strike, fed gov sought injunction because mail shipped by railroad. Union prez Debs refused to obey. Had original injunction exceeded judicial authority? Used Sherman, borad interpretation of national power, borad view of commerce to allow gov to restrict union activies and a narrow view to defeat gov efforts to regulate business.
-break american railworker’s union, had to carry mail, regulate trade unions. |
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| Established separate but equal doctrine, LA law requiring racial segregation on public transport. Sued under equal protection clause of 14th, segregation was discriminatory. Denied. Railroads not in favor of this decision, since it meant they needed more cars. |
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| Indicative of feel by farmers during late 19th century, movement towards a populist party |
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1897
Triumph of substantive due process. Allgeyer company a LA firm, does business with NY firm, LA statute against doing business with firm unliscensed in LA. Court rules for business and national economy, use bdp + freedom of contract to strike down LA law. Use sdp as weapon against progressive reform that would be sweeping the nation.
Keep economic benefit within the state, violates right to pritperty, gives court enormous power, only court knows what sdp is, become national umpire of legislation. |
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1898
Utah, state con required leg to pass laws to provide for health and safety of employees in factories, use police power to do this, and regulated mines and smelters. Court upheld, legitimate exercise of police power, disparity between employer and employee, how to deal with that disparity law in legislative process. Model for upholding protective legislation.
10 hour workday, sdp, , employer sues on behalf of employees, use allgeyer prescendent, state uses police power, ct leave opening to later define sdp. |
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| Northern Securities co v US |
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1904
In response to Knight, Roosevelt tried Sherman Act again. NS has far more expansive view of interstate commerce than Knight, but literalist reading of clause in Sherman had potential to restrict ALL combinations in restraint of trade, including any business cooperation, every contract is in restraint of trade. Holmes dissented, called for rule of reason (as in Standard Oil Co), is validated in Swift v Taylor. |
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1904
Acknowledged state police power, but fed police power? Not exactly. This is the colored oleomargarine v non colored, taxed colored at higher rate than non colored, with the intention of destroying competititon between colored and butter. Read broad authority into federal taxing power, and were able to use taxing power to regulate. Seemed to validate progressive views on the power of the government. |
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NY law limiting hours for bakers, high water mark for SDP, justices use sdp to rule that laws limiting hours were unconstitutional, freedom of contract. Condemned as judicial activism. In Holden, state con specifically addressed regulation of miners.
Holmes’ dissent: constition not a particular economic theory, word “liberty” in 14th perverted when prevents natural outcome of dominant opinion. |
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- 1908
Regulation of hours of WOMEN in Oregon. Brandeis brief- show the sociological, economic, physiological data w/ regard to women, show that need to have hours regulated. Does NOT overrule Lochner. Women are different from men, need special protection. |
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| ICC v Illinois central railroad |
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1910
SC had stripped almost all the ICC’s power , denied that Act have commission power to fix rates. Problems grew, congress strengthened icc and limited judicial review of the agency. In this case, finally |
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| Standard Oil co of NY v US |
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1911
Commerce. Commerce and manufacturing tied, “rule of reason” and distinction between “good” and “bad” trusts. Business confused, no idea what is “good” or “bad” trust, argued should be left up to congress. Remember Wabash. |
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1914
4th Amendment, in this case, advent of exclusionary rule, |
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1916
Product liability law required privity, direct contact between maker and consumer of product. Made sense in pre-industrial times, less so in 20th century.
Tort Law, not a SC case. Legal realism, articulate a new principle, manufacturer has duty of foreseeability. |
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Level Food Control-
Commerce clause power, and fact that at war, sec 4 oversteps cc. |
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| Masses Publishing co v Patten |
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1917
Learned Hand- Free speech, under speech-limiting acts during WWI, Hand asks if speech will actually incite specific action, contrary to Holmes “clear and present danger.” Hand’s ruling reversed on appeal. Words lead to action, cannot be separated, if illegal action, punishable offense. Judge Hand affirmed that if a citizen “stops short of urging upon others that it is their duty or their interest to resist the law,” then he or she is protected by the First Amendment. One may, for example, “admire” resistors of the draft, but may not, under the “incitement” test, “counsel or advice” someone to violate the law at a specific time and place. |
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1918
Child labor law, congress uses commerce power to exclude goods made by children from interstate commerce, struck down, revived Knight distinction between manufacturing and commerce. These goods not harmful, cannot be regulated. Cong tries again and uses taxing power a la McCray to limit child labor good, also struck down in Bailey v Drexel furniture (1922). Dissent- cong get to regulate, to regulate is to prohibit, not up to court to make the distinction. |
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1919
Holmes articulates “clear and present danger test,” while subject to judicial interpretation and prejudice, better than the “bad tendency test” which had been in force before.
Guilty of consipricy, conspiracy doesn’t need action, 1st A doesn’t’ protect. Distinction between what’s permissible in war and in peace, 1st A not as broad. |
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1919
Holmes changes his mind, eliminates clear and present danger test that just established, instead, argues for free expression. Abrams convicted of distributing pamphlets criticizing US sending troop to Russia, though did not oppose war against germany. Holmes writes- marketplace of ideas, free trade of ideas. Good ideas will stick, bad ideas will die out.
Free speech serves an important role in society, necessary to democratic society. Imminent (!) danger. |
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1920
Treaty about migratory birds between US and UK, Missouri claim a local matter, beyond reach of fed powers quod 10th A. Holmes claims inherent power of sovereignty |
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| Federal Trade Commission v Gratz |
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1920
Impossible to define by statue all forms of unfair competition in Clayton Antitrust act, instead ftc would interpret the law to businesses and have power to force businesses to discontinue practices deemed unfair. Factual findings to be conclusive. |
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| Duplex printing press v deering |
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1921
Labor law. Section 6 of Clayton, labor not constitute anything to do with commerce, and was thus exempt, section 20 prohibited courts from issuing injunctions in labor disputes. Court struck down, issued injunction. About secondary boycotts. |
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1923
4th through 8th A apply to states? Not issue of incorporation, more nationalizing fair ciminal procedure. |
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| Adkins v Childrens Hospital |
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1923
Post 17th A, women no longer specially protected, affirm freedom of contract over 2 decaeds of protective legislation. Minimum wage requirement. |
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1923
German language case. Found property rights involved, applied clear and present danger test and found it wanting. Due process clause of the 14th might embrace the civil liberties guaranteed in the Bill of rights as well as protection of property.
14th a right to persue occupation, sdp- trumps police power of the state to prevent german, also, very broad explanation of rights under sdp- pierce v society of sisters, also, in corporation. |
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1923
Grant-in-aid program. Weeks Act. Mass had suit against Sec of treasury Mellon, infant and maternity care, ct sustained by claiming no jurisdiction, quod state shows no injury, no case or controversy, state had option to take money or not, no coercion.
Maternity act, state get $, state had to comply with certain regulations. Progressive leg to help preg women and infants, middle class objects for poor to have SO many kids. |
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| Village of Euclid v Ambler Reality |
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1926
English common law- property law, protected property interests. Ct upheld modern zoning scheme and allowed the nation’s cities and suburbs to impose rational planning standards for land use.
Zoning laws, progressive legislation, but establishing zones can depreciate “bad” or “industrial” zones, deprived of property w/out dp of law. |
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1927
Eugenics movement. Public welfare calls on citizens for their lives, call on those who might sap the strength of the state to keep from doing so. Written by Holmes.
Eugenics, race, social Darwinism. Holmes not a liberal, just a cynic. Set-up case, police power? Cases resurfaces at Nuremberg. |
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1927
Convicted under california’s criminal syndicalism act, SC upheld conviction. Holmes and Brandeis had to concur because of technacality, but disagreed with ruling- free speech fundamental but no absolute, can be restricted to protect the state from destruction, never defined what was “clear and present danger”
Criminal syndicalism acts, passed by states across the nation. Gitlo v Ny- turn ocer doctrine of Barron, began incorporation through the 14th. Whitney- argues its guilt by association, arg of majority- clearn and present danger test, overall goal of these groups is to overthrow gov, states have a right to protect itself from destruction, dissent by brandeis- free speech protected by 1st A |
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1928
Prohibition, used illegal wiretaps to gather info, upheld conviction, said that phones didn’t count under the 4th A’s prohibition against illegal search and seizure. |
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1931
Minn law authorizing suppression of any defamatory paper had been created specifically against a specific paper, court held that 14th incorporated freedom of speech. No prior restraint.
Mayor involved in corruption, but review board. Us police power. Common law rule- no prior restrains. If libel, could fine for recovery After publication. 1st a provides greater protection than common law, framers intended for greater protection of speech. In democracy- government gets least amount of protection. |
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1932
Great Depression case, regulate ice by limiting number of companies that could engage in ice production, keep prices somewhat high. Ct claimed that led to monopoly, Brandeis’ dissent laid out reasons why they did this, living law doctrine, claimed laden with “public interest,” called on justices to practice judicial restraint of legislative experimentation.
Beginning of new deal, in Brandeis’ dissent, new deal and regulation stronger than sdp. Prevent competititon to keep prices reasonable, state basically creating a monopoly. Claim munn (affected with public interest), laboratories of experiementation, democracy. |
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1933
Changing obscenity rules, outside protection of the 1st A, old test was about selected passages on susceptible persons. Now totality affect on average person.
Pornography, have to judge the whole book, not just certain passages. |
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- 1934
NY milk control act. Power of the state to adopt whatever policy it deemed best to meet emergencies. “proper occasion and by appropriate measures” state may regulate. Con doesn’t’ give power to do business that will inflict injury on the public at large.
NY law for min price on milk, new state ice idea v police power. Tiedieman arg- sdp, economy v individual liberty. Business affect w/ public interest. |
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1935
Roosevelt took us off gold standard, court rebuked congress for voiding its own obligations. While condemned the actions, denied that any damage had occurred, so tricky tricky.
Distinction between fed gov’s power to break private contracts and break their own contracts. |
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| Schechter Poultry co v US |
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1935
National Industrial Recovery Act- poorly drafted, prez had NRA- national recovery administration could draft code and force it on the industry. Poorly drafted bill an abomination.
NIRA- labor can organize, business exempted from antitrust, could collude and raise prices, not leg to set prices. Schecter- slaughter kosher chickens. Gov’s NIRA arg- commerce clause- swift v taylor- stream of commerce- in swift- destined for sale elsewhere, schecter, not going anywhere outside of NJ. President signs off on regulation- uncon delegation of power to president, cannot delegate power to legislate to prez, violates separation of powers. |
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1936
New deal legislation, agrarian ish, narrow government.
Tax on agricultural processors, and life price of agri goods. Gov- general welfare, power to tax, but not being used to raise revenue (mccray), bailey v Drezyl furnityre. Mellon- voluntary. Butler- not voluntary- wont get $ and prices still go down, gove doesn’t have police power |
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1936
TVA, crucial new deal legislation, challenged private power companies, fed gov going into private business, broad ruling based on territory clause of the constitution.
Electrify the south, no industry, private power company, don’t like, gov must dam the river, buying property, selling electricity, gov getting into private business, not an enumerated power, but- cong can buy land, make use of that land, $. Post election, FDR has mandate from public, start validating ND, TVA actually gonna work for once |
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| Carter v Carter coal company |
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1936
Coal mining industry, Congress tried to avoid Schecter problem by declaring coal “affected with public interest” and separability clause, struck down all parts.
Knight!-production. |
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| US v CUrtiss-Wright export corp |
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1936
President authorized by congress to embargo arms sales to countries in armed dispute in South America. CW sold to Bolivia, unconstitutional delegation of power to president? Ct takes very expansive interpretation of prez’s authority in foreign affairs.
Fo Po not a field in which cong has role, save to advise and consent to treaties that prez makes. Like Missouri case? The case basis for constitionality of lend-lease |
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| Extra justice for everyone over 70, or who served 10 years |
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1937
Oregon criminal syndicalism law, tried to use “clear and present danger,” but instead court ruled about incorporation of 1st A, more like Masses case than Schenck.
Com party in 30s. whitney parallel. Sweeping law, as framed, criminal syndicalism ac, illegal membership in an illegal/radical organization. Sc- peaceful assembly for purpose of talking, overbroad. No clear and present danger, quod B’s dissent in whitney. Rules under incorporation of 14th. |
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| West Coast Hotel v Parrish |
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1937
Switch in time, only not. Re-evaluate Adkins rule, decide it had been wrongly decided, minimum wage regulation.
Deprived of min wage- Adkins- “we may take judicial notice”- living law |
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| NLRB v Jones and Laughlin Steel |
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1937
Sustained the NLRA, congress had explicitely protected labor’s right to organize, revived the stream of commerce theory. Opened way for new deal.
Debs is 1st labor case. 1895-1937, Knight made commerce v manufacturing distinction, so fed gov could only regulate interstate com and not manu labor. Use commerce clause- no companies solely intrastate anymore, fed gov has to be able to regulate. |
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| Steward Machine co v Davis |
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1937
Federal gov’s taking power. Child labor, limit taxing power. Butler, too. Ct upheld major parts of SSA.
“judicial notice”- look at reality. |
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1937
Selective incorporation. Denied, 14th A didn’t carry all of BofR into effect against states. |
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1938
Famous footnote 4, rational-basis test. Noneconomic regulation, ct may adopt a higher level of scrutiny. Open door for judicial activism with regard to civil rights.
Not gonna regulate economy, turn attention to civil liberties |
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1941
Fair Labor standards act- use commerce clause to restrict products violating max hour laws, child labor, etc. Validated commerce excluding power. |
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1942
Anything goes under commerce clause. |
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