CONSTITUTIONAL LAW - COMMERCE CLAUSE - SCOPE OF FEDERAL POWER OVER INTRASTATE ACTIVITIES-FAIR LABOR STANDARDS ACT

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Authority of Congress to regulate intrastate activities through the commerce clause is derived from two principal sources: (1) the federal power to preserve the flow of commerce by eliminating potential burdens and obstructions; (2) the federal power to prohibit the interstate transportation of goods resulting in the spread of conditions which Congress considers detrimental to the general welfare. Utilization of the first source of authority over intrastate activities is exemplified by the National Labor Relations Act, enabling the federal government to regulate an aspect of local production likely to burden commerce. Utilization of the second source of authority is exemplified by the Fair Labor Standards Act, recently held constitutional in the case of United States v. Darby Lumber Co. The FLSA prohibits the interstate transportation of goods produced by industries not complying with the minimum wage and hour standard established for all employees "engaged in commerce or in the production of goods for commerce." Since the Darby case indicates a more liberal interpretation of the commerce power than hitherto announced, it warrants an examination of the scope of federal jurisdiction over intrastate activities under the two theories of the commerce clause.

Recommended Citation

Michigan Law Review, CONSTITUTIONAL LAW - COMMERCE CLAUSE - SCOPE OF FEDERAL POWER OVER INTRASTATE ACTIVITIES-FAIR LABOR STANDARDS ACT, 39 Mich. L. Rev. 1184 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss7/6