The Commerce Clause · US History

During the late nineteenth and early twentieth centuries, how did the Supreme Court often treat manufacturing in Commerce Clause cases?

  1. As treated automatically as part of interstate commerce
  2. As controlled solely by the executive branch
  3. As separate from commerce, mostly unregulated federally
  4. As fully protected from essentially all state-level regulation
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Correct answer: As separate from commerce, mostly unregulated federally

The Court often drew a distinction between manufacturing and commerce. Manufacturing was frequently treated as a local activity, even if the goods later entered interstate trade.

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