Our Changing Constitution by Charles Wheeler Pierson
page 27 of 147 (18%)
page 27 of 147 (18%)
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and other anti-trust legislation, ostensibly mere regulations of
commerce, but actually designed for the control and suppression of trusts and monopolies; the federal Pure Food and Drugs Act, designed to prevent the adulteration or mis-branding of foods and drugs and check the abuses of the patent-medicine industry;[2] the act for the suppression of lotteries, making it a crime against the United States to carry or send lottery tickets or advertisements across state lines;[3] an act to prevent the importation of prize-fight films.[4] These are only a few among many similar statutes which might be mentioned. In all of them the motive is clear. There is no concealment about it. Their primary object is to suppress or regulate the trusts, lotteries, patent-medicine frauds. The regulation of commerce is merely a matter of words and legal form. [Footnote 1: Art. I, Sec. 8.] [Footnote 2: _Hipolite Egg Company v. United States_, 220 U.S., 45.] [Footnote 3: _Champion v. Ames_, 188 U.S., 321.] [Footnote 4: _Weber v. Freed_, 239 U.S., 325.] Especially noteworthy is the rapidly expanding body of social legislation--federal Employers' Liability Act, Hours of Service acts, Child Labor Law, White Slave Act and the like, all drawn with an eye to the commerce clause but designed to accomplish objects quite distinct from the regulation of commerce. As already said, the Commerce Clause has been found most available for purposes of such legislation. Other clauses have, however, served their |
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