Perez v. United States 402 U.S. 146 (1971)

• Author: Dennis J. Mahoney
• Pages: 1899

Page 1899

In sustaining a conviction for the federal crime of "loansharking," the Supreme Court upheld Title II of the Consumer Credit Protection Act as valid under the COMMERCE CLAUSE. For an 8?1 Court, Justice WILLIAM O. DOUGLAS rehearsed a congressional committee's finding that extortionate credit practices were linked to organized, interstate crime and vitally affected INTERSTATE COMMERCE. He rejected petitioner's contention that the crime of loan-sharking was necessarily local in nature. Justice POTTER STEWART, in dissent, argued that there had been no showing of interstate movement or effect in Perez's case, and worried that Congress might preempt the...