But if an act is within the powers specifically conferred upon Congress, it seems to me that it is not made any less constitutional because of the indirect effects that it may have, however obvious it may be that it will have those effects, and that we are not at liberty upon such grounds to hold it void. In interpreting the Constitution, it must never be forgotten that the Nation is made up of States to which are entrusted the powers of local government. There is no power vested in Congress to require the States to exercise their police power so as to prevent possible unfair competition. This growing revisionist literature finds that the Court’s decisions were both more defensible and less uniformly “laissez faire” than traditionally believed. 518, 17 U. S. 629, the same great judge said: "That the framers of the constitution did not intend to restrain the states in the regulation of their civil institutions, adopted for internal government, and that, the instrument they have given us is not to be so construed may be admitted.". 316, "is universally admitted.". its constitutional power in attempting to regulate the production of goods. South Dakota v. Dole (1987) A federal law that would withhold 5 percent of […] Sawyer shows that Knox advocated the distinction between regulation of interstate transportation of “harmful” and “harmless” items as a way of preventing Congress from seizing unlimited regulatory authority, and to protect the autonomy of state governments. The first section of the act is in the margin. This court has no more important function than that which devolves upon it the obligation to preserve inviolate the constitutional limitations upon the exercise of authority, federal and state, to the end that each may continue to discharge, harmoniously with the other, the duties entrusted to it by the Constitution. The Court held that while Congress has the power to regulate interstate commerce, “the manufacture of goods is not commerce.” Furthermore, the Court reasoned, the Tenth Amendment made clear that powers not delegated to the national government remained with the states or the people. In that case, we said, having reference to the authority of Congress, under the regulatory power, to protect the channels of interstate commerce: "If the facility of interstate transportation can be taken away from the demoralization of lotteries, the debasement of obscene literature, the contagion of diseased cattle or persons, the impurity of food and drugs, the like facility can be taken away from the systematic enticement to and the enslavement in prostitution and debauchery of women, and, more insistently, of girls. The goods shipped are, of themselves, harmless. The statute invalidated in Hammer forbade the interstate shipment of goods produced in factories employing children under the age of sixteen. 704. The Keating-Owen Child Labor Act prohibited the interstate shipment of goods produced by child labor. transportation among the States, but aims to standardize the ages at which children may be employed in mining and manufacturing within the States. The first of these cases is Champion v. Ames, 188 U. S. 321, 23 Sup. 22 U. S. 203): "They [inspection laws] act upon the subject before it becomes an article of foreign commerce, or of commerce among the states, and prepare it for that purpose. The mere fact that they are intended for in interstate transportation does not make their production subject to federal control. Course Hero is not sponsored or endorsed by any college or university. 492, the so-called Lottery Case, in which it was held that Congress might pass a law having the effect to keep the channels of commerce free from use in the transportation of tickets used in the promotion of lottery schemes. And to them and to the people the powers not expressly delegated to the National Government are reserved. Hammer v. Dagenhart, 247 U.S. 251 (1918) Hammer v. Dagenhart. directly the contrary of the assumed right to forbid commerce from moving, and thus destroy it as to particular commodities. This page was last edited on 18 October 2019, at 21:08. 675, prohibits transportation in interstate commerce of goods made at a factory in which, within thirty days prior to their removal therefrom, children under the age of 14 years have been employed or permitted to work, or children between the ages of 14 and 16 years have been employed or permitted to work more than eight hours in any day, or more than six days in any week, or after the hour of 7 P.M. or before the hour of 6 A.M. Held, unconstitutional as exceeding the commerce power of Congress and invading the powers reserved to the States.

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