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United States v. Walsh, 331 U.S. 432 (1947)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Walsh, 331 U.S. 432 (1947)
United States v. Walsh No. 718 Argued April 29, 1947 Decided May 19, 1947 331 U.S. 432
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
Syllabus
1. Under § 301(h) of the Federal Food, Drug, and Cosmetic Act of 1938, which prohibits the giving of a false guaranty that any food, drug, device, or cosmetic is not adulterated or misbranded within the meaning of the Act, it is an offense to give a false guaranty to one engaged wholly or partly in an interstate business, irrespective of whether the guaranty leads in any particular instance to an illegal shipment in interstate commerce. P. 437.
2. As thus construed, § 301(h) is a valid exercise of the power of Congress under the Commerce Clause of the Federal Constitution. Pp. 437-438.
Reversed.
In a prosecution for violation of the Federal Food, Drug, and Cosmetic Act, the District Court sustained the defendant’s motion to dismiss the information. The Government appealed directly to this Court under the Criminal Appeals Act. Reversed, p. 438.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Walsh, 331 U.S. 432 (1947) in 331 U.S. 432 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HATD3L2TVBCT29Q.
MLA: U.S. Supreme Court. "Syllabus." United States v. Walsh, 331 U.S. 432 (1947), in 331 U.S. 432, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HATD3L2TVBCT29Q.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Walsh, 331 U.S. 432 (1947). cited in 1947, 331 U.S. 432. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HATD3L2TVBCT29Q.
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