NATIONAL LEAGUE OF CITIES V. USERY 426 U.S. 833 (1976) CASE BRIEF

NATIONAL LEAGUE OF CITIES V. USERY
426 U.S. 833 (1976)
NATURE OF THE CASE: This was a dispute over the extent of Commerce Power over the direct activities of the States. This was an appeal from a federal appeals court ruling that the federal scheme was unconstitutional.
FACTS: The Fair Labor Standards Act imposes upon almost all public employment the minimum wage and maximum hour requirements previously restricted to employees engaged in interstate commerce. These requirements are essentially identical to those imposed upon private employers, although the Act does attempt to make some provision for public employment relationships, which are without counterpart in the private sector, such as those presented by fire protection and law enforcement personnel. The appellants sought both declaratory and injunctive relief against the amendments' application to them, and a three-judge court was convened. That court, granted appellee Secretary of Labor's motion to dismiss the complaint for failure to state a claim upon which relief might be granted. The District Court stated it was 'troubled' by appellants' contentions that the amendments would intrude upon the States' performance of essential governmental functions. The Supreme Court granted certiorari.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment