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
..., the conclusive answer is that the evils are all local evils over
which the Federal Government has no legislative control. The relation of
employer and employee is a local relation. At common law, it is one of
the domestic relations. The wages are paid for the doing of local work.
Working conditions are obviously local conditions. The employees are not
engaged in or about commerce, but exclusively in producing a commodity.
And the controversies and evils, which it is the object of the act to
regulate and minimize, are local controversies and evils affecting local
work undertaken to accomplish that local result. Such effect as they may
have upon commerce, however extensive it may be, is secondary and
indirect. An increase in the greatness of the effect adds to its
importance. It does not alter its character."[452] We again see the
influence of the ideology of the Sugar Trust Case.[453]
THE NATIONAL LABOR RELATIONS ACT
The case in which the Court reduced the distinction between "direct" and
"indirect" effects to the vanishing point, and thereby put Congress in
the way of governing productive industry and labor relations in such
industry was National Labor Relations Board _v._ Jones and Laughlin
Steel Corp.,[454] decided April 12, 1937. Here the statute involved was
the National Labor Relations Act of July 5, 1935,[455] which forbids
"any unfair labor practice affecting interstate commerce" and lists
among these "the denial by employers of the right of employees to
organize and the refusal by employers to accept the procedure of
collective bargaining." Ignoring recent holdings, government counsel
appealed to the "current of commerce" concept of the Swift Case. The
scope of respondent's activities, they pointed out, was immense. Besides
its great steel-producing plants, it owned and operated mines,
steamships, and terminal railways scattered through several States, and
altogether it gave employment to many thousands of workers. A vast
industrial commonwealth such as this, whose operations constantly
traversed State lines, comprised, they contended, a species of
territorial enclave which was subject in all its parts to the only
governmental power capable of dealing with it as an entity, that is,
the National Government. Yet even if this were not so, still the
protective power of Congress over interstate commerce must be deemed to
extend to disruptive strikes by employees of such an immense concern,
and hence to include power to remove the causes of such strikes. The
Court, speaking through Chief Justice Hughes, held the corporation to be
subject to the act on the latter ground. "The close and intimate
effect," said he, "which brings the subject within the reach of federal
power may be due to activities in relation to productive industry
although the industry when separately viewed is local." Nor will it do
to say that such effect is "indirect." Considering defendant's
"far-flung activities," the effect of strife between it and its
Public-domain text, read in full here on John Shaqi.
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 — John Shaqi
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