NLRB v. Jones and Laughlin Steel Corporation. U. S. Supreme Court 1937. What is the Issue in Jones and Laughlin? . Is the National Labor Relations Act Constitutional?
U. S. Supreme Court
What was the Supreme Court’s Response to J & L’s argument that it had the right to conduct its business in an orderly manner free from arbitrary restraints?
“At the time the original Constitution was ratified, "commerce" consisted of selling, buying, and bartering, as well as transporting for these purposes. . . . . As one would expect, the term "commerce" was used in contradistinction to productive activities such as manufacturing andagriculture. . . .Moreover, interjecting a modern sense of commerce into the Constitution generates significant textual and structural problems. For example, one cannot replace "commerce" with a different type of enterprise, such as manufacturing. . . .. Parts may come from different States or other nations and hence may have been in the flow of commerce at one time, but manufacturing takes place at a discrete site. Agriculture and manufacturing involve the production of goods; commerce encompasses traffic in such articles(U.S. v. Lopez, U.S. Supreme Court, 1995, No. 93-1260, Justice Thomas dissent, all citations omitted)Compare Hughes (1937) and Thomas (1995): “To regulate Commerce . . . among the several States. . ..”