Brief Fact Summary. In 1923, Congress passed an act that prohibited the interstate shipment of skimmed milk mixed with any fat other than milk fat. This was done to prevent potential health hazards to the consuming public.
Synopsis of Rule of Law. When evidence exists in support of economic or social legislation, then it is not the place of the judiciary to second-guess the legislative reasoning. Even if there is no evidence, the existence of supportive facts is to be presumed.
Issue. Does the Filled Milk Act of 1923 violate the Due Process clause of the 5th Amendment of the United States Constitution (Constitution)?
Held. No. There is sufficient evidence to support the reasoning of Congress that this type of product is a danger to public health and should be eliminated from the market.
The constitutionality of a statute predicated upon the existence of a particular state of facts may be challenged by showing that those facts have ceased to exist.View Full Point of Law