White v. Massachusetts Council of Construction Employers

1983

Venue: SCOTUS

Facts: Boston decides that all city-funded construction projects have to employ at least 50% Boston residents.

Posture: MA SC says this is unconstitutional under the commerce clause.

Issue: Does Art I, § 8, clause 3 prohibit such an order?

Holding: No. Reversed.

Rule: Apparently market participants can choose how they participate.

Reasoning: The city can spend its own money how it wants: it is a market participant.

Dicta: