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Perez v. United States, 402 U.S. 146 (1971)
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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.
Perez v. United States, 402 U.S. 146 (1971)
Perez v. United States No. 600 Argued March 22, 1971 Decided April 26, 1971 402 U.S. 146
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Petitioner was convicted of "loansharking" activities, i.e., unlawfully using extortionate means in collecting and attempting to collect an extension of credit, in violation of Title II of the Consumer Credit Protection Act, and his conviction was affirmed on appeal. He challenges the constitutionality of the statute on the ground that Congress has no power to control the local activity of loansharking.
Held: Title II of the Consumer Credit Protection Act is within Congress’ power under the Commerce Clause to control activities affecting interstate commerce, and Congress’ findings are adequate to support its conclusion that loansharks who use extortionate means to collect payments on loans are in a class largely controlled by organized crime with a substantially adverse effect on interstate commerce. Pp. 149-157.
426 F.2d 1073, affirmed.
DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and BLACK, HARLAN, BRENNAN, WHITE, MARSHALL, and BLACKMUN, JJ., joined. STEWART, J., filed a dissenting opinion, post, p. 157.
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Chicago: U.S. Supreme Court, "Syllabus," Perez v. United States, 402 U.S. 146 (1971) in 402 U.S. 146 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=HW3EGH52KNTDCME.
MLA: U.S. Supreme Court. "Syllabus." Perez v. United States, 402 U.S. 146 (1971), in 402 U.S. 146, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HW3EGH52KNTDCME.
Harvard: U.S. Supreme Court, 'Syllabus' in Perez v. United States, 402 U.S. 146 (1971). cited in 1971, 402 U.S. 146. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=HW3EGH52KNTDCME.
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