ent
of properties. It may order the reorganization or dissolution of
corporations. In short, Congress is completely uninhibited by the
commerce clause in selecting the means considered necessary for bringing
about the desired conditions in the channels of interstate commerce. Any
limitations are to be found in other sections of the Constitution.
Gibbons _v._ Ogden, 9 Wheat. 1, 196." American Power & Light Co. _v._
S.E.C., 329 U.S. 90, 98-100 (1946).
[443] Appalachian Coals, Inc. _v._ United States, 288 U.S. 344, 372
(1933).
[444] 48 Stat. 195.
[445] 295 U.S. 495 (1935).
[446] Ibid. 548. _See also_ Ibid. 546.
[447] In United States _v._ Sullivan, 332 U.S. 689 (1948), the Court
interpreted the Federal Food, Drug, and Cosmetics Act of 1938 as
applying to the sale by a retailer of drugs purchased from his
wholesaler within the State nine months after their interstate shipment
had been completed. The Court, speaking by Justice Black, cited United
States _v._ Walsh, 331 U.S. 432 (1947); Wickard _v._ Filburn, 317 U.S.
111 (1942); United States _v._ Wrightwood Dairy Co., 315 U.S. 110
(1942); United States _v._ Darby, 312 U.S. 100 (1941). The last three of
these cases are discussed below. _See_ pp. 155, 159. Justice Frankfurter
dissented on the basis of Federal Trade Commission _v._ Bunte Bros., 312
U.S. 349 (1941). It is apparent that the Schechter case has been
thoroughly repudiated so far as the distinction "direct" and "indirect"
effects is concerned. _See also_ McDermott _v._ Wisconsin, 228 U.S. 115
(1913), which preceded the Schechter decision by more than two decades.
The N.I.R.A., however, was found to have several other constitutional
infirmities besides its disregard, as illustrated by the Live Poultry
Code, of the "fundamental" distinction between "direct" and "indirect"
effects, namely, the delegation of uncanalized legislative power; the
absence of any administrative procedural safeguards; the absence of
judicial review; and the dominant role played by private groups in the
general scheme of regulation. These objections are dealt with elsewhere
in this volume. _Supra_, pp. 75, 78, 80.
[448] 48 Stat 31 (1933).
[449] United States _v._ Butler, 297 U.S. 1, 63-64, 68 (1936).
[450] 49 Stat. 991.
[451] Carter _v._ Carter Coal Co., 298 U.S. 238 (1936).
[452] Ibid. 308-309.
[453] United States _v._ E.C. Knight Co., 156 U.S. 1 (1895).
[454] 301 U.S. 1 (1937).
[455] 49 Stat. 449.
[456] 301
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