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Constitutional Law Keyed to Levinson
United States v. Carolene Products Co.
Citation:
304 U.S. 144 (1938)Facts
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. Carolene Products (Respondent) was indicted under the law for shipping products that contained coconut oil and sweetened condensed milk. Respondent had shipped “Milnut,” a product made with condensed skimmed milk and coconut oil to resemble cream, and was therefore indicted for violating the federal law banning “filled milk.” They argued on appeal 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 company of property without due process of law.
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