Disanto v. Pennsylvania 273 U.S. 34 (1927)

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DISANTO v. PENNSYLVANIA 273 U.S. 34 (1927)

Protection of the public health and welfare temporarily lost ground to the commerce clause in this case. A Pennsylvania statute required the licensing of persons selling steamship tickets to or from foreign countries. The Court declared the law a "direct" interference with foreign commerce, over the dissents of Justices Harlan Fiske Stone, Oliver Wendell Holmes, and louis d. brandeis. Stone found the directindirect test of effects on commerce "too mechanical, too uncertain … and too remote …to be of value." He proposed a more pragmatic test: "the actual effect on the flow of commerce," a view which prevailed in 1941 when this decision was overruled by California v. Thompson.

David Gordon

(see also: Parker v. Brown.)