National Labor Relations Board V. Jones & Laughlin Steel Corporation - Dissent

Dissent

Justice McReynolds questioned Congress's enhanced power under the commerce clause. Although he did not dispute Congress's regulation of interstate commerce between the states, he stated that the Congress's interference should be in cases where a violation is "direct and material". As an example McReynolds stated that taxation on property may indirectly but seriously affect the cost of transportation. In conclusion, he stated that Congress had transcended the power granted to them in the Constitution.

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