United States v. Carolene Products Co. (1938)

Key Facts– Congress’s “Filled Milk Act” prohibited shipment in interstate commerce of milk compounded with fat or oil other than milk fat. Carolene Porducts Co. challenges the constitutionality of the statute.

Issues– Does this law violate the Fifth Amendment? How about the Fourteenth?

Holding– No and no.

Result– Law upheld.

Reasoning– The Fifth Amendment does not prohibit Congress making this regulation. The states were held to be able to make a similar regulation in Hebe Co. v. Shaw, which means it is not forbidden under the Fourteenth Amendment. Plus, there is evidence that regulation of milk might be helpful for public health reasons. The Court here essentially commits to respect Congress’s factual judgment on such matters into the future.

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