![]() ![]() Narrowing the scope of Congress's Commerce Clause power The Court found that while personal growth and consumption of wheat might not, by itself, directly affect commerce, the cumulative impact of individual conduct, aggregated among many farmers, could affect the price and availability of wheat and, thus, interstate commerce. Filburn, in which the Court upheld Congress's power under the Agricultural Adjustment Act to impose a quota on wheat grown by a single farmer primarily for personal consumption. 10 Perhaps the most far-reaching decision came in Wickard v. In fact, no federal laws were found to violate Congress's commerce power during this period. 14īetween 19, the Supreme Court developed an extremely expansive view of the Commerce Clause. 12 In short order, the Court turned away challenges to other New Deal laws such as the National Labor Relations Act, 13 instituting a broader reading of the Commerce Clause. 12īy 1937, however, the Court had reversed course in the face of intense political fallout flowing from its New Deal decisions. Although the law was aimed at preventing the movement of dangerous foods in interstate commerce, the Court overturned the law, holding that it interfered with labor conditions related to purely intrastate business activities. U.S., the Supreme Court invalidated federal legislation establishing certain labor conditions and regulating the sale of unhealthy chickens. 10 But in the decades preceding the New Deal, the Supreme Court, operating in a more laissez-faire social and economic environment, interpreted the scope of the Commerce Clause more narrowly, striking down numerous laws intended to protect the public's health. From the earliest days of the nation to the late 19th century, the Court generally moved toward a more expansive interpretation of the Commerce Clause, as the role of the federal government in addressing the needs of a maturing nation became clearer. The Supreme Court's Commerce Clause jurisprudence can be divided into several distinct phases. ” 1 Congress has relied upon this provision to enact legislation covering public health priorities as diverse as drug labeling 6 environmental protection 7 laws regulating child labor, the minimum wage, and conditions of employment 8 and laws aimed at remedying gender-motivated violence. ![]() The Commerce Clause states that “Congress shall have the Power… to regulate Commerce… among the several States…. The Commerce Clause, however, vests potentially broad authority in Congress to pursue legislative reforms addressing a wide range of matters. ![]() 5 In addition, the 10th Amendment reserves to states those powers not specifically granted to Congress nor denied to the states. THE SUPREME COURT'S INTERPRETATION OF THE COMMERCE POWERĬongress can only act using powers enumerated in the Constitution. We then discuss how these decisions will affect ongoing judicial treatment of other public health endeavors. This article provides historical context and describes recent developments in Supreme Court jurisprudence in the context of public health intervention. While Congress can use the Commerce Clause to justify some public health-related legislation, courts may invalidate such legislation as exceeding Congress's power under the Commerce Clause. The Supreme Court's interpretation of the Commerce Clause is complex and evolving, and the Court's decisions have important implications for public health policy and practice. 2, 3 The constitutional litigation concerning health-care reform has brought increased attention to the complex nature of the Commerce Clause and its relationship to the public's health. Most recently, the Commerce Clause has figured prominently in lawsuits challenging the validity of the Patient Protection and Affordable Care Act (PPACA). Supreme Court has played a key role in either promoting or hindering efforts to achieve landmark legislation affecting the public's health. Although the Commerce Clause's text neither explicitly mentions nor even alludes to public health, its interpretation by the U.S. Constitution's Commerce Clause 1 represents one of Congress's most important sources of legislative powers. ![]()
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