White v. Massachusetts Council of Construction Employers, Inc. Case Summary | Law Case Explained

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White v. Massachusetts Council of Construction Employers, Inc. | 460 U.S. 204 (1983)

The Commerce Clause prohibits states from enacting taxes and regulations that impede free private trade in the national marketplace. In White versus Massachusetts Council of Construction Employers, the United States Supreme Court pondered whether this applies to states that are themselves participating in the marketplace.

The mayor of Boston issued an executive order requiring private contractors on city-funded construction projects to fill at least 50 percent of positions with Boston residents.

The Council of Construction Employers challenged this order, arguing that it was an unconstitutional violation of the Commerce Clause. They claimed that it was improper for the order to apply to projects funded with city or federal funds.

The Supreme Judicial Court of Massachusetts held that the executive order was unconstitutional. It found that the order had a significant impact on commerce, was broader than necessary to achieve its goal, and applied when the city was acting in a nonproprietary capacity. It concluded that Boston wasn’t participating in the market but instead was regulating it in violation of the Commerce Clause. Boston’s Mayor White appealed, and the United States Supreme Court granted cert.


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