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    SmartBrief enables case brief popups that define Key Terms, Doctrines, Acts, Statutes, Amendments and Treatises used in this case.

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    Constitutional Law Keyed to Maggs

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    Hammer v. Dagenhart

    Citation:

    247 U.S. 251 (1918)
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    Facts

    A bill was filed in the United States District Court for the Western District of North Carolina by a father in his own behalf and as next friend of his two minor sons, one under the age of fourteen years and the other between the ages of fourteen and sixteen years, employees in a cotton mill at Charlotte, North Carolina, to enjoin the enforcement of the act of Congress intended to prevent interstate commerce in the products of child labor. The law prohibited the transportation in interstate commerce of goods produced in factories that employed (1) children under fourteen years old or (2) children between fourteen and sixteen years old at night, for more than eight hours per day, or for more than six days per week.

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    Case Quiz

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    Q.1 - The majority in Hammer v. Dagenhart drew a formal boundary between commerce and manufacturing. Which constitutional principle did this distinction primarily serve, and how did it influence the ruling?
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    Correct! The majority explicitly tied its reasoning to preserving state police powers, using a narrow construction of the Commerce Clause to classify labor conditions as intrastate activities under Tenth Amendment federalism.
    Incorrect. B is incorrect because although Lochner-era ideas loom in the background, the Court did not base its holding on substantive due process.
    Incorrect. C is incorrect as international trade analogies were not part of the constitutional reasoning.
    Incorrect. D is incorrect because there was no delegation issue addressed in the case; Congress had acted directly.
    Q.2 - Which of the following best captures Justice Holmes’s dissenting position in Hammer, particularly in relation to constitutional theory and institutional role?
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    Incorrect. A is incorrect because Holmes did not rely on textualism but rather contextual and purposive reasoning.
    Correct! Holmes adopted a pragmatic and realist view, rejecting the majority’s rigid dual federalism and warning that judicial policing of state boundaries should not override legitimate federal policy choices under the Commerce Clause.
    Incorrect. C is incorrect because Holmes downplayed the Tenth Amendment as a limiting principle.
    Incorrect. D is incorrect because Holmes never engaged non-delegation doctrine in this dissent.
    Q.3 - From the perspective of federalism doctrine and historical evolution, which of the following best explains Hammer v. Dagenhart's position within Commerce Clause jurisprudence?
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    Incorrect. A is incorrect because Hammer rejected functional or aggregate effects approaches.
    Incorrect. B is incorrect as the Court was not restrained — it invalidated a progressive statute aggressively.
    Correct! Hammer is widely seen as the peak of formalistic dual federalism, which collapsed after 1937 with the Darby decision and New Deal jurisprudence, marking a major doctrinal pivot in Commerce Clause interpretation.
    Incorrect. D is incorrect because the comparison to NFIB is ahistorical and doctrinally mismatched (that case dealt with activity/inactivity, not production/commerce).

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    Topic Resources

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    InstructorMatthew Steinberg

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    Hammer v. Dagenhart9m 38s
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    Topic Outline

    State Power (Federalism)

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    State Action Limitation

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    State Regulation of Interstate Commerce

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