UNITED STATES v. CAROLENE PRODUCTS CO.

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Case Basics
Docket No. 
640
Petitioner 
United States
Respondent 
Carolene Products Co.
Decided By 
Term:
Facts of the Case 

A 1923 act of Congress banned the interstate shipment of "filled milk" (milk with skimmed milk and vegetable oil added). A manufacturer, indicted for shipping filled milk, challenged the law.

Question 

Does the law violate the Commerce Power granted to Congress in Article Section 8 and the Due Process Clause of the Fifth Amendment?

Conclusion 

The Court upheld the act. In this otherwise unremarkable case, the Court planted the seeds for a new jurisprudence in a footnote to Stone's opinion for the Court. Here Stone gives a presumption of constitutionality to economic regulation. The Court would no longer substitute its views on economic policy for the views of Congress. Stone went further in footnote four by cautiously asserting that certain types of legislation might not merit deference toward constitutional validity. The most controversial element in the footnote was the suggestion that prejudice directed against discrete and insular minorities may call for "more searching judicial inquiry."

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UNITED STATES v. CAROLENE PRODUCTS CO.. The Oyez Project at IIT Chicago-Kent College of Law. 06 July 2014. <http://www.oyez.org/cases/1901-1939/1937/1937_640>.
UNITED STATES v. CAROLENE PRODUCTS CO., The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1901-1939/1937/1937_640 (last visited July 6, 2014).
"UNITED STATES v. CAROLENE PRODUCTS CO.," The Oyez Project at IIT Chicago-Kent College of Law, accessed July 6, 2014, http://www.oyez.org/cases/1901-1939/1937/1937_640.