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Constitutional Law Keyed to Barnett
United States v. Carolene Products Co.
Citation:304 U.S. 144 (1938)
In 1923, Congress passed the “Filled Milk Act,” a law that prohibited the shipment of milk containing added fat or oil other than milk fat. The appellee sold (and shipped) “Milnut,” a product made with condensed skimmed milk and coconut oil to resemble cream, and was indicted for violating the federal law banning “filled milk.” They argued that the statute exceed the powers granted to Congress in the Commerce Clause, and violated the due process clause of the fifth amendment by depriving the appellee of property without due process of law.
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