H. P. Hood & Sons, Inc. v. Du Mond (1940)

Docket
92
Decided
1940-1955-

Summary

Question: Was New York's denial of the license unconstitutional under the Commerce Clause? Conclusion: In a 5-to-4 decision, the Court held that New York's restriction on business activity was unconstitutional under the Commerce Clause. The Court held that the system fostered by the Clause must be one in which "every farmer and every craftsman shall be encouraged to produce by the certainty he will have free access to every market in the Nation." The Court also emphasized the economic interdependence of the states, warning that "fantastic rivalries. . .and reprisals" would ensue if the states were allowed to enact local protectionist measures.

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