Block v. Hirsh

The Court held that the federal government's power to wage war justifies otherwise illegal actions taken by local governments during wartime emergencies.

Congress normally bases regulatory measures on one of the powers given in Article I, section 8, of the Constitution--usually either the power to raise taxes or the power to regulate interstate commerce. During the early years of the twentieth century, the Supreme Court scrutinized federal and state regulations to ensure that these did not destroy an individual's rights to due process of law and liberty of contract. The Court sometimes invalidated laws because these did not directly relate to the taxation or commerce clauses.

The Supreme Court has been much less scrupulous about the constitutionality of regulations under congressional war powers. The Constitution gives Congress the power to declare war and to raise and support armies. Agreeing that Congress may do whatever is necessary to win a war, the Court has upheld new and drastic forms of regulation during wartime.

In October of 1919, Congress imposed rent control on the District of Columbia, under a law expiring in two years. If a tenant continued to pay the former rent, he could not be evicted when his lease ran out. An appointed commission could raise rents to provide landlords a "reasonable" return on their investment. By giving 30 days notice in writing, a landlord could regain an apartment needed for his own use.

Congress based the rent control law on its police powers as the local government in the district. The war, it declared, had created an emergency situation. Rental conditions in the district endangered public health, burdened public officials, and embarrassed the federal government.