The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
Defendants in the Swift case were some thirty firms engaged in Chicago
and other cities in the business of buying livestock in their
stockyards, in converting it at their packing houses into fresh meat,
and in the sale and shipment of such fresh meat to purchasers in other
States. The charge against them was that they had entered into a
combination to refrain from bidding against each other in the local
markets, to fix the prices at which they would sell, to restrict
shipments of meat, and to do other forbidden acts. The case was appealed
to the Supreme Court on defendants' contention that certain of the acts
complained of were not acts of interstate commerce and so did not fall
within a valid reading of the Sherman Act. The Court, however, sustained
the Government on the ground that the "scheme as a whole" came within
the act, and that the local activities alleged were simply part and
parcel of this general scheme.[425]
Referring to the purchases of livestock at the stockyards, the Court,
speaking by Justice Holmes, said: "Commerce among the States is not a
technical legal conception, but a practical one, drawn from the course
of business. When cattle are sent for sale from a place in one State,
with the expectation that they will end their transit, after purchase,
in another, and when in effect they do so, with only the interruption
necessary to find a purchaser at the stockyards, and when this is a
typical, constantly recurring course, the current thus existing is a
current of commerce among the States, and the purchase of the cattle is
a part and incident of such commerce."[426] Likewise the sales alleged
of fresh meat at the slaughtering places fell within the general design.
Even if they imported a technical passing of title at the slaughtering
places, they also imported that the sales were to persons in other
States, and that shipments to such States were part of the
transaction.[427] Thus, sales of the type which in the Sugar Trust Case
were thrust to one side as immaterial from the point of view of the law,
because they enabled manufacture "to fulfill its function," were here
treated as merged in an interstate commerce stream. Thus, the concept of
commerce as _trade_, that is, as _traffic_, again entered the
Constitutional Law picture, with the result that conditions which
directly affected interstate trade could not be dismissed on the ground
that they affected interstate commerce, in the sense of interstate
_transportation_, only "indirectly." Lastly, the Court added these
significant words: "But we do not mean to imply that the rule which
marks the point at which State taxation or regulation becomes
permissible necessarily is beyond the scope of interference by Congress
in cases where such interference is deemed necessary for the protection
of commerce among the States."[428] That is to say, the line that
confines State power from one side does not always confine national
power from the other.
Public-domain text, read in full here on John Shaqi.
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