The Federalist Society

Optional Login

Have an account?

Sign in

Email

Password


Forgot password?

Proceed as Guest

Continue

United States v. Darby

Facts of the Case

Provided by Oyez

In 1938, Congress passed the Fair Labor Standards Act (FLSA) to regulate many aspects of employment, including minimum wages, maximum weekly hours, and child labor. When a lumber manufacturer, Darby, shipped lumber out of state, he was arrested for violating the FLSA. His charges were dismissed because the federal district court found that FLSA was unconstitutional. The court reasoned that the FLSA’s potential effects on intrastate activities violated the Commerce Clause.

Questions

  1. Was the Act a legitimate exercise of Congress's power to regulate interstate commerce?

Conclusions

  1. The unanimous Court upheld the FLSA. Relying heavily on the Court's decision in Gibbons v. Ogden (1824), Justice Stone  affirmed the constitutional power of Congress to regulate interstate commerce, which "can neither be enlarged nor diminished by the exercise or non-exercise of state power." The Court held that the purpose of the FLSA was to prevent states from using substandard labor practices to their own economic advantage by interstate commerce. Congress acted with proper authority in outlawing substandard labor conditions since they have a significant impact on interstate commerce.

The Founders Interpret the Constitution: The Division of Federal and State Powers
Federalist Society Review

The Founders Interpret the Constitution: The Division of Federal and State Powers

Robert G. Natelson

Federalist Society Review, Volume 19

Note from the Editor:  This article surveys ratification-era statements by defenders of the proposed Constitution...