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Commerce Clause. Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta. Commerce Clause. The interpretation by the Supreme Court of the scope of the commerce clause has changed dramatically over the years Early on, the interpretation was fairly broad
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Commerce Clause Jody Blanke, Professor Computer Information Systems and Law Mercer University, Atlanta
Commerce Clause • The interpretation by the Supreme Court of the scope of the commerce clause has changed dramatically over the years • Early on, the interpretation was fairly broad • Gibbons v. Ogden (1824) • Congress, rather than New York, had the authority to regulate steamboats on the Hudson River
Commerce Clause • With the advent of the Industrial Revolution and Big Business, the interpretation narrowed considerably • Hammer v. Dagenhart (1918) • The Court refused to let Congress regulate with “social legislation,” e.g., child labor laws
Commerce Clause • New Deal legislation pushed by F.D.R. and passed by the Congress was struck down by the Supreme Court in several 5-4 decisions • Schechter Poultry (1935) • Congress lacked the power to regulate intrastate poultry processing activity • The “Court Packing” Incident • Why not have 13 Supreme Court justices?
Commerce Clause • Supreme Court finally permits Congress to regulate intrastate activity if it effects interstate commerce (in 5-4 decisions) • Jones of Laughlin Steel Corp. (1937) • Wickard v. Filburn (1942) • intrastate activity may have a cumulative effect on interstate commerce
Commerce Clause • Supreme Court upheld the constitutionality of the Civil Rights Act of 1964 on the basis of interstate activity • Heart of Atlanta Motel v. U.S. (1964) • motel catered to interstate travelers • Katzenbach v. McClung (1964) • restaurant served food that was part of interstate commerce
Commerce Clause • Supreme Court finally draws an outer boundary to interstate activity • U.S. v. Lopez (1995) • Gun-Free School Zone Act • U.S. v. Morrison (2000) • Violence Against Women Act • Health Care Bill?