Campbell v. Hussey (1961)
- Docket
- 42
- Decided
- 1961-01-01
- Category
- General
Summary
Question: Is the identification provision in the Georgia Tobacco Identification Act precluded by the Federal Tobacco Inspection Act? Conclusion: Yes. In a 6-3 decision, Justice William O. Douglas wrote the majority opinion affirming the lower court. The Court held that Congress had the power to regulate tobacco sales through the Commerce Clause. By enacting the Federal Tobacco Inspection Act, Congress preempted the states from regulating in that area of commerce, so the identification provision of the Georgia Tobacco Identification Act is invalid. Justice Hugo L. Black dissented, writing that Congress did not intend to preclude this area of regulation with the Federal Tobacco Inspection Act. The Georgia statute was valid because it did not conflict with the federal act. Justice Felix Frankfurter and Justice John M. Harlan joined in the dissent.