An introduction to Constitutional Law 100 Supreme Court cases everyone should know

Randy E. Barnett & Josh Blackman

In the first case, the American Sugar Refining Company purchased its competitors, including E.C. Knight. The federal government charged that the new firm would monopolize the sugar market nationwide. The Supreme Court considered whether this prosecution under the Sherman Antitrust Act could be supported by Congress’s power to “regulate Commerce . . . among the several states,” together with its power “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.”

The Supreme Court does not always explicitly consider both provisions. However, you should. Even in cases where the Court only discusses the Commerce Clause, the Necessary and Proper Clause is also working in the background.

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