The Ashurst–Sumners Act , Pub. L. No. 74-215, 49 Stat. 494 (1935), codified at 18 U.S.C. §§1761-62, is a United States Act of Congress that made it unlawful to knowingly transport in interstate or foreign commerce goods made by convict labor . Certain exceptions are provided for agricultural commodities , parts for the repair of farm machinery, commodities manufactured in a Federal, District of Columbia, or State institution for use by the Federal Government, or by the District of Columbia , or by any State or Political subdivision of a State or not-for-profit organizations. The Act is currently reflected in United States Code Title 18 Sections 1761–1762 which provide in part:
8-495: Whoever knowingly transports in interstate commerce or from any foreign country into the United States any goods, wares, or merchandise manufactured, produced, or mined, wholly or in part by convicts or prisoners, except convicts or prisoners on parole, supervised release, or probation, or in any penal or reformatory institution, shall be fined under this title or imprisoned not more than two years, or both. The constitutionality of
16-441: A double government monopoly over the manufacturing and sale of prison-made goods and prison labor. Governments can purchase their needs from prison industries, but they do not have to purchase prison-made goods. The Prison Industry Enhancement Certification Program carved out an exception that allowed a limited number of institutions to sell products made with prison labor. The prisoners must volunteer, and must be paid fairly. However,
24-686: The act was upheld by the United States Supreme Court in Kentucky Whip & Collar Co. v. Illinois Central R. Co. , 299 U.S. 334 (1937). The Prison Industry Enhancement Certification Program , created by Congress in 1979, provides another exception from the Act. It exempts certified state and local departments of corrections from normal restrictions on the sale of prisoner-made goods in interstate commerce. The Ashurst–Sumners Act limits prison industries and prison labor while preserving
32-463: The basis of it like in the Netherlands and Switzerland . In many jurisdictions, the supreme court or constitutional court is the final legal arbiter that renders an opinion on whether a law or an action of a government official is constitutional. Constitutions define the powers of government, Thus, national constitutions typically apply only to government actions. Only governments can then violate
40-426: The constitution, they are unconstitutional . All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce
48-429: The laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on the type of legal system, a statute may be declared unconstitutional by any court or only by special constitutional courts with authority to rule on
56-402: The prison can make certain deductions from the prisoners' wages. Constitutionality In constitutional law , constitutionality is said to be the condition of acting in accordance with an applicable constitution ; the status of a law, a procedure , or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate
64-468: The validity of a statute. In some countries, the legislature may create any law for any purpose, and there is no provision for courts to declare a law unconstitutional. That can occur either because the country has no codified constitution that laws must conform to like in the United Kingdom and New Zealand or because the constitution is codified, but no court has the authority to strike down laws on
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