Constitutional Law I
Federal Power IV
(New Deal)
Feb. 17, 2006
The New Deal
The Great
Depression
Supreme
Court
threatens
economic
recovery
Spring, 2006
FDR’s court-packing plan
(Supreme
Court
Historical Society)
Con Law
I - Manheim
2
NLRB v. Jones & Laughlin
(1937)
NLRA created NLRB; prohibits “unfair labor
practices affecting (interstate) commerce”

Affecting = “in commerce,” “obstructing” com.
Does this
“affect”
commerce?
What if J&L steel
was entirely
intrastate?
Spring, 2006
Con Law I - Manheim
3
US v. Darby
(1941)
FLSA sets wages and hours
1. “commerce prohibiting” measure
“not a forbidden invasion of state
power
because of motive or consequence”
Bootstrapping?  No objection that federal law has similar effect as
state exercise of its police power



Ends are different, even if means are the same
Hammer v. Dagenhart overruled
2. Regulation of goods produced for IC
Super boot- 
strapping?
Power extends to intrastate activities


Spring, 2006
Affecting IC
Related to other valid federal regulation (e.g., #1)
Con Law I - Manheim
4
US v. Darby
(1941)
New (old?) role for 10th Amd
“The amendment states but a truism that all is
retained which has not been surrendered.
[Nothing] more than declaratory of the relationship
between the national and state governments as it
had been established by the Constitution”
Resolution proposing the first 12 Amendments
The Conventions of a number of the States, having at the time of their
adopting the Constitution, expressed a desire, in order to prevent
misconstruction or abuse of its powers, that further declaratory and
restrictive clauses should be added: And as extending the ground of public
confidence in the Government, will best ensure the beneficent ends of its
institution.””
Spring, 2006
Con Law I - Manheim
5
Wickard v. Filburn
(1942)
Agricultural Adjustment Act limited
production (to stabilize prices)


Not just production for interstate shipment,
but also production for home consumption
Does home consumption affect commerce?
 Impact on demand for wheat in interstate market?
 Impact on prices?
 Impact on overall economy?


Spring, 2006
Even from trivial amount consumed by Filburn?
Aggregate effects test
Con Law I - Manheim
6
Wickard v. Filburn
(1942)
Agricultural Adjustment Act limited
production (to stabilize prices)


Not just production for interstate shipment,
but also production for home consumption
Does home consumption affect commerce?
 Impact on demand for wheat in interstate market?
 Impact on prices?
 Impact on overall economy
Spring, 2006
Con Law I - Manheim
7
The Civil Rights Act of 1964
Spring, 2006
Con Law I - Manheim
8
Federal Power over Civil Rights
Background


Social matters are typically a state concern
After the Civil War, congress enacted a series of
civil rights laws, as part of reconstruction
 First in reliance on 13th Amd, Section 2
 Next in reliance on 14th Amd, Section 5
 In 1883, the Supreme Court held Civil Rights Laws
unconstitutional, as beyond Congress § 5 powers.


Federal protection of civil rights lay dormant for
80 years, until the 1960s civil rights movement
1964 Civil Rights Act used the commerce clause
Spring, 2006
Con Law I - Manheim
9
Heart of Atlanta Motel v. US (1964)
Is a law prohibiting race discrimination in accommodations
related to I/s commerce?


Because of the burdens it places
on African-Americans traveling
interstate?
Because the hotel acquires goods
in IC?
Spring, 2006
Con Law I - Manheim
10
Heart of Atlanta Motel v. US (1964)
If the law is otherwise valid, does it matter
that Congress’ real goal was equal rights?

Object vs. Motive in pursuing that object
Should congress have used Section 5?
Spring, 2006
Con Law I - Manheim
11
Katzenbach v. McClung (1964)
Can a business be regulated under the
commerce clause simply because it buys
goods in I/C?

How does Ollie’s Barbecue burden I/C?
 Aggregate effects test? Wickard, NLRB, Darby

Does the Act purport to regulate Ollie just
because he engages in I/C? Or is Ollie simply
forbidden to use I/C to practice discrimination?
Does local criminal activity affect I/C? If
part of a national enterprise? Perez v. US
Spring, 2006
Con Law I - Manheim
12