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
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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
Meantime Congress had returned to the task of bolstering agriculture by
passing the Agricultural Marketing Agreement Act of June 3, 1937,[466]
authorizing the Secretary of Agriculture to fix the minimum prices of
certain agricultural products, when the handling of such products occurs
"in the current of interstate or foreign commerce or * * * directly
burdens, obstructs or affects interstate or foreign commerce in such
commodity or product thereof." In United States _v._ Wrightwood Dairy
Company[467] the Court sustained an order of the Secretary of
Agriculture fixing the minimum prices to be paid to producers of milk in
the Chicago "marketing area." The dairy company demurred to the
regulation on the ground of its applying to milk produced and sold
intrastate. Sustaining the order the Court said: "Congress plainly has
power to regulate the price of milk distributed through the medium of
interstate commerce, * * *, and it possesses every power needed to make
that regulation effective. The commerce power is not confined in its
exercise to the regulation of commerce among the States. It extends to
those activities intrastate which so affect interstate commerce, or the
exertion of the power of Congress over it, as to make regulation of them
appropriate means to the attainment of a legitimate end, the effective
execution of the granted power to regulate interstate commerce. _See_
McCulloch _v._ Maryland, 4 Wheat. 316, 421; * * * The power of Congress
over interstate commerce is plenary and complete in itself, may be
exercised to its utmost extent, and acknowledges no limitations other
than are prescribed in the Constitution. Gibbons _v._ Ogden, 9 Wheat. 1,
196. It follows that no form of State activity can constitutionally
thwart the regulatory power granted by the commerce clause to Congress.
Hence the reach of that power extends to those intrastate activities
which in a substantial way interfere with or obstruct the exercise of
the granted power."[468]
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