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
of the commerce clause in Gibbons _v._ Ogden.[462] Objections purporting
to be based on the Tenth Amendment are met from the same point of view:
"Our conclusion is unaffected by the Tenth Amendment which provides:
'The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively,
or to the people.' The amendment states but a truism that all is
retained which has not been surrendered. There is nothing in the history
of its adoption to suggest that it was more than declaratory of the
relationship between the national and State governments as it had been
established by the Constitution before the amendment or that its purpose
was other than to allay fears that the new National Government might
seek to exercise powers not granted, and that the States might not be
able to exercise fully their reserved powers. _See_ e.g., II Elliot's
Debates, 123, 131; III id. 450, 464, 600; IV id. 140, 149; I Annals of
Congress, 432, 761, 767-768; Story, Commentaries on the Constitution,
Sec. 1907-1908."[463] Commenting recently on this decision, former
Justice Roberts said: "Of course, the effect of sustaining the Fair Labor
Standards Act was to place the whole matter of wages and hours of
persons employed throughout the United States, with slight exceptions,
under a single federal regulatory scheme and in this way completely to
supersede state exercise of the police power in this field."[464] In a
series of later cases construing terms of the act, it had been given
wide application.[465]
THE AGRICULTURAL MARKETING AGREEMENT ACT
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