Dean Milk Co. v. City of Madison, Wisconsin

Dean Milk Co. v. City of Madison, Wisconsin
Dean Milk Co. v. City of Madison, Wisconsin
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued December 7, 1950
Decided January 15, 1951
Full case name Dean Milk Co. v. City of Madison, Wisconsin
Citations 340 U.S. 349 (more)
71 S.Ct. 295; L. Ed. 329
Holding
The ordinance unjustifiably discriminates against interstate commerce, in violation of the Commerce Clause of the Federal Constitution.
Court membership
Case opinions
Majority Clark, joined by Vinson, Reed, Frankfurter, Jackson, Burton
Dissent Black, joined by Douglas, Minton

Dean Milk Co. v. City of Madison, Wisconsin, 340 U.S. 349 (1951), was a United States Supreme Court case dealing with the Dormant Commerce Clause.

The court held that a municipal ordinance requiring all milk sold in Madison to be pasteurized at an approved plant within 5 miles of the city, unconstitutionally discriminated against interstate commerce.

Illinois milk producer, Dean Milk, on appeal from a state court holding that found the municipal ordinance to be reasonable, charged that the true purpose of the ordinance was to protect local industries from competition from non-local producers.

In the court's opinion, Justice Clark said: "In thus erecting an economic barrier protecting a major local industry against competition from without the state, Madison plainly discriminates against interstate commerce. This it cannot do, even in the exercise of its unquestioned power to protect the health and safety of the people, if reasonable nondiscriminatory alternatives... are available".

The fact that in-state producers were also discriminated against was not found to be relevant to the fact that it discriminated against interstate commerce.

Justices Vinson, Reed, Frankfurter, Jackson, and Burton concurred.

Justices Black, Douglas and Minton dissented on the grounds that any imposition on commerce is minor compared to the city's need to insure their milk is healthy without burdening their inspectors.

See also

Further reading

  • Eule, Julian N. (1982). "Laying the Dormant Commerce Clause to Rest". The Yale Law Journal (The Yale Law Journal Company, Inc.) 91 (3): 425–485. doi:10.2307/795926. JSTOR 795926. 

External links

  • Text of Dean Milk Co. v. City of Madison, Wisconsin, 340 U.S. 349 (1951) is available from: Justia · Findlaw



Wikimedia Foundation. 2010.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • Dormant Commerce Clause — The Dormant Commerce Clause, also known as the Negative Commerce Clause, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the United States Constitution. The Commerce Clause expressly… …   Wikipedia

  • List of University of Wisconsin-Madison people — Notable alumni= Nobel Laureates*Herbert Spencer Gasser, B.S. 1910, recipient of the Nobel Prize in Physiology or Medicine in 1944 *John Bardeen, B.S. 1928 and M.S. 1929, recipient of the Nobel Prize in Physics in 1956 and 1972 *Edward Lawrie… …   Wikipedia

  • performing arts — arts or skills that require public performance, as acting, singing, or dancing. [1945 50] * * * ▪ 2009 Introduction Music Classical.       The last vestiges of the Cold War seemed to thaw for a moment on Feb. 26, 2008, when the unfamiliar strains …   Universalium

  • religion — religionless, adj. /ri lij euhn/, n. 1. a set of beliefs concerning the cause, nature, and purpose of the universe, esp. when considered as the creation of a superhuman agency or agencies, usually involving devotional and ritual observances, and… …   Universalium

  • Chronologie du rock — La chronologie du rock, présente les principaux événements de ce genre musical et des différents courants qui en sont issus. Sommaire 1 Les années 1940 1.1 1947 1.1.1 Single 1.2 1948 …   Wikipédia en Français

  • 1967 in music — The year 1967 was an important year for psychedelic rock, with releases from The Beatles ( Sgt. Pepper s Lonely Hearts Club Band , Magical Mystery Tour ) Small Faces, Itchycoo Park , Eric Burdon The Animals ( Winds of Change ), The Doors ( The… …   Wikipedia

  • List of Michigan State University people — Liberty Hyde Bailey. Class of 1882. This is an incomplete list, which may never be able to satisfy particular standards for completeness. You can help by expanding it with reliably sourced entries …   Wikipedia

  • Michigan State University — Motto …   Wikipedia

  • Democratic Party (United States) — Democratic Party …   Wikipedia

  • education — /ej oo kay sheuhn/, n. 1. the act or process of imparting or acquiring general knowledge, developing the powers of reasoning and judgment, and generally of preparing oneself or others intellectually for mature life. 2. the act or process of… …   Universalium

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”