National League of Cities v. Usery

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Opinion Announcement
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Oral Reargument
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Advocates
Robert H. Bork (Argued the cause for the appellees)
Charles S. Rhyne (Argued the cause for the appellants)
Calvin L. Rampton (Argued the cause for the appellants)
Case Basics
Docket No.: 
74-878
Appellee: 
Usery
Appellant: 
National League of Cities
Consolidation: 
California v. Usery, No. 74-879
Decided By: 
Burger Court (1975-1981)
Opinion: 
426 U.S. 833 (1976)
Categories: 
precedent, commerce clause, government employment, labor

Cite this page
The Oyez Project, National League of Cities v. Usery , 426 U.S. 833 (1976)
available at: (http://oyez.org/cases/1970-1979/1974/1974_74_878)
Facts of the Case: 

In 1974, Congress passed amendments to the Fair Labor Standards Act of 1938. The purpose of the amendments was to regulate minimum wage and overtime pay for state and local government employees. The National League of Cities, as well as several states and cities, challenged the constitutionality of the amendments.

Question: 

May Congress, acting under its commerce power, regulate the labor market of state employees, which the Tenth Amendment reserves to the states?

Conclusion: 

Congress may not regulate the labor market of state employees. The Tenth Amendment prohibits Congress from enacting legislation which operates "to directly displace the States' freedom to structure integral operations in areas of traditional governmental functions." While the power of Congress under the Commerce Clause is "plenary," that power has constitutional limits. In this case, the exercise of the commerce power ran afoul of the Tenth Amendment which protects the states' traditional activities.

Decisions

Decision: 5 votes for National League of Cities, 4 vote(s) against
Legal provision: Article 1, Section 8, Paragraph 3: Interstate Commerce Clause

Sort by Ideology

Voted with the majority
Burger
Wrote a dissent
Brennan
Voted with the majority
Stewart
Voted with the minority, joined Brennan's dissent
White
Voted with the minority, joined Brennan's dissent
Marshall
Wrote a regular concurrence
Blackmun
Voted with the majority
Powell
Wrote the majority opinion
Rehnquist
Wrote a dissent
Stevens

Full Opinion by Justice William H. Rehnquist