The Supreme Court’s review of economic regulatory laws from about 1880 to 1937
was characterized by what has been called “dual federalism” approach That is, the
Court felt that there were areas of economic life which, under the 10th Amend,
were to be left to state regulation, and other areas of activity which were
properly the preserve of the Fed government. These 2 areas were viewed as being
essentially non-overlapping –either an area was proper for state regulation, or
for congressional regulation.