US V. Darby Lumber Co.

Words: 1474
Pages: 6
Open Document
Moreover, in the Supreme Court case decided in 1941, U.S. v. Darby Lumber Co., the Court faced the constitutional authority of Congress as it is written in comparison to how it is used in society. Darby was charged for violating the Fair Labor Standards Act of 1938 which prohibits any production and shipping of products by a company whose employees do not receive minimum wage or the employees are working overtime without any extra pay (U.S. v. Darby). Darby won in the lower courts on the basis that Congress had exceeded its authority under the Commerce Clause (U.S. v. Darby). The Commerce Clause is an enumerated power, meaning it is explicitly written within Article I of the Constitution, and gives Congress the authority to regular commerce with …show more content…
The court held in a unanimous decision, yes to both the questions, in favor of the United States. Justice Stone presented the majority opinion for the court stating that the Commerce Clause authority embodies the process of prohibiting actions, which is where the Hammer v. Dagenhart case was dismissed (Aughenbaugh). In Stone’s opinion he also states that the Tenth Amendment, which explains that the government is only given powers written in the Consitution, is “All but a truism” when responding to Darby’s argument that the Tenth Amendment is a way for the government to regulate labor conditions (U.S. v. Darby). By this, Stone means that the Constitution, when written, was attempting to install the fear of the federal government become to large, however, when placed into real situations, the Tenth Amendment does not provide any halt to the government (U.S. v. Darby). When Congress issued the Fair Labor Standards Act of 1938, they were purely acting in protection of the public health and safety, Stone notes here that this is infringement on the states’ powers
Show More

Related Documents: US V. Darby Lumber Co.

Downloadfile 1 Essay

Constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit…could scarcely be embraced by the human mind. It would probably never be understood by the public.” What Justice Marshall is stating here (in Marbury v. Madison) is to examine that the constitution is vague in its letter, because it must be. For an acceptable form of government to operate under any given document, it must be able to be molded, and bend to the will of those in the time. It would be improbable…

Words 3662 - Pages 15

Essay about Con Law Notes

Constitutional Law Where does FED or STATE legislature get its power? 1. Congress i. – if abused their powers. It is up to the court to interpret it (Marbury v. Madison) 1. They don’t have the power, because it is not enumerated. Our govt is a govt of enumerated powers, or 2. Power was exceeded 14th Amend. § 5 Kimmel Test to see if the Congress esceeded ii. If breached its limits. There are immunities and privileges of the people and if they pass a law that breaches it Amend 14th §1 then…

Words 8515 - Pages 35