30.commerce and beyond

							Constitutional Law
Professor Chesney
Class 30

1.   Williamson v. Lee Optical

2.   NLRB v. Jones & Laughlin

3.   United States v. Darby

4.   Wickard v. Filburn and “aggregation” analysis
MCREYNOLDS      Stanley Reed           Hugo Black     BUTLER




CARDOZO                        STONE
             BRANDEIS
                                             HUGHES
                                                      ROBERTS
MCREYNOLDS   Stanley Reed           Hugo Black     BUTLER




                            STONE
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MCREYNOLDS        Stanley Reed           Hugo Black     BUTLER




                                 STONE
                                               HUGHES
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 Frankfurter   Douglas
                 Stanley Reed           Hugo Black




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                                              HUGHES
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Frankfurter   Douglas
  Murphy         Stanley Reed           Hugo Black      Byrnes




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                                              HUGHES
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Frankfurter   Douglas
  Murphy         Stanley Reed           Hugo Black       Byrnes




                                STONE
                                                        ROBERTS
Frankfurter   Douglas
                                              Jackson
Williamson v. Lee Optical Co. (1955)
              Tiers of Judicial Scrutiny

Due Process
               Tiers of Judicial Scrutiny

Due Process

  Rational basis review for
  most claims.
               Tiers of Judicial Scrutiny

Due Process

  Rational basis review for
  most claims.

  But Carolene Products fn.
  4 suggests something
  stronger in certain
  cases…
               Tiers of Judicial Scrutiny

Due Process                   Equal Protection

  Rational basis review for
  most claims.

  But Carolene Products fn.
  4 suggests something
  stronger in certain
  cases…
               Tiers of Judicial Scrutiny

Due Process                   Equal Protection

  Rational basis review for     Rational basis review for
  most claims.                  most distinctions.

  But Carolene Products fn.
  4 suggests something
  stronger in certain
  cases…
               Tiers of Judicial Scrutiny

Due Process                   Equal Protection

  Rational basis review for     Rational basis review for
  most claims.                  most distinctions.

  But Carolene Products fn.     But something stronger at
  4 suggests something          least with respect to racial
  stronger in certain           distinctions…
  cases…
NLRB v. Jones & Laughlin Steel Corp. (1937)




    Manufacture of Hot Rolled Seamless Steel Boiler Tubes at
  Jones & Laughlin Steel Corp.’s Aliquippa, PA, Works – ca. 1942
  NLRB v. Jones & Laughlin
 -Commerce power extends
  to intra-state activity that
   may interfere with free
flow of inter-state commerce
United States v. Darby (1941)
  NLRB v. Jones & Laughlin
 -Commerce power extends
  to intra-state activity that
   may interfere with free
flow of inter-state commerce
               United States v. Darby

-Commerce power permits any regulation of interstate
 commerce, even if the aim of Congress is to use the
 regulation to impact local manufacturing conditions


             NLRB v. Jones & Laughlin
               NLRB v. Jones & Laughlin
            -Commerce power extends
               -Commerce power extends
              to intra-state activity that
                to intra-state activity that
                may interfere with free
                 may interfere with free
           flow of inter-state commerce
             flow of inter-state commerce
     Claude Wickard
     Sec. Agriculture
(“Food will win the war and
     save the Peace.”)
Roscoe Filburn
               United States v. Darby

-Commerce power permits any regulation of interstate
 commerce, even if the aim of Congress is to use the
 regulation to impact local manufacturing conditions


             NLRB v. Jones & Laughlin
               NLRB v. Jones & Laughlin
            -Commerce power extends
               -Commerce power extends
              to intra-state activity that
                to intra-state activity that
                may interfere with free
                 may interfere with free
           flow of inter-state commerce
             flow of inter-state commerce
               United States v. Darby

-Commerce power permits any regulation of interstate
 commerce, even if the aim of Congress is to use the
 regulation to impact local manufacturing conditions


             NLRB v. Jones & Laughlin
               NLRB v. Jones & Laughlin
            -Commerce power extends
               -Commerce power extends
              to intra-state activity that
                to intra-state activity that
                may interfere with free
                 may interfere with free
           flow of inter-state commerce
             flow of inter-state commerce


                WICKARD v. FILBURN
 -Power extends to non-commercial activity that, in the
     aggregate, might effect interstate commerce.