perez argued march decided april petitioner convicted loan sharking activities unlawfully using extortionate means collecting attempting collect extension credit violation title ii consumer credit protection act conviction affirmed appeal challenges constitutionality statute ground congress power control local activity loan sharking held title ii consumer credit protection act within congress power commerce clause control activities affecting interstate commerce congress findings adequate support conclusion loan sharks use extortionate means collect payments loans class largely controlled organized crime substantially adverse effect interstate commerce pp affirmed douglas delivered opinion burger black harlan brennan white marshall blackmun joined stewart filed dissenting opinion post albert krieger argued cause petitioner briefs joel finkelstein solicitor general griswold argued cause brief assistant attorney general wilson beatrice rosenberg marshall tamor golding justice douglas delivered opinion question case whether title ii consumer credit protection act stat et seq supp construed applied petitioner permissible exercise congress powers commerce clause constitution petitioner conviction trial jury sentence affirmed appeals one judge dissenting granted petition writ certiorari importance question presented affirm judgment petitioner one species commonly known loan sharks congress found large part control organized crime extortionate credit transactions defined characterized use threat use violence criminal means enforcement ample evidence showing petitioner loan shark used threat violence method collection loaned money one miranda owner new butcher shop making advance repaid installments per week weeks paying rate six eight weeks petitioner increased weekly payment two months miranda asked additional loan made agreement miranda pay week weeks petitioner increased weekly payment miranda objected petitioner told customer refused pay ended hospital miranda paid months petitioner increased demands weekly miranda paid advised end week petitioner need miranda made payment paying suppliers faced payment next week sold butcher shop petitioner pursued miranda first making threats miranda wife telling miranda castrated miranda make payments petitioner said turning collections people nice put hospital pay negotiations went miranda finally saying pay week petitioner said enough miranda steal sell drugs necessary get money pay loan went jail better going hospital broken back legs added sent hospital family moment want people petitioner arrest followed miranda wife employee gave evidence petitioner testify call witnesses petitioner attack constitutionality act starting motion dismiss indictment constitutional question substantial one two loan shark amendments bill became act proposed house one congressman poff virginia cong rec another one congressman mcdade pennsylvania house debates include long article new york times magazine january connection loan shark organized crime gruesome stirring episodes related following prelude loan shark indispensable underworld takes black money tainted derivation gambling narcotics rackets turns white funneling channels legitimate trade exacts usurious interest doubles money time special decrees imposition impossible penalties greases way underworld takeover entire businesses become law amendment take long stride federal government toward occupying field general criminal law toward exercising general federal police power permit prosecution federal well state courts typically state offense believe alexander hamilton though federalist astonished deep entrenchment rights performing fundamental function come conservative quarter house provisions raised serious questions responsibilities nonetheless importance problem senate conferees agreed house provision organized crime operates national scale one principal sources revenue organized crime comes loan sharking win battle organized crime must strike source revenue give justice department additional tools deal problem problem simply solved alone must bring play full resources federal government chief justice marshall gibbons ogden wheat said genius character whole government seem action applied external concerns nation internal concerns affect generally completely within particular state affect necessary interfere purpose executing general powers government completely internal commerce state may considered reserved state wickard filburn soon followed unanimous held wheat grown wholly home consumption constitutionally within scope federal regulation wheat production though never marketed interstate supplied need grower otherwise satisfied purchases open market said ven appellee activity local though may regarded commerce may still whatever nature reached congress exerts substantial economic effect interstate commerce irrespective whether effect might earlier time defined direct indirect congress sometimes left courts determine whether intrastate activities prohibited effect commerce sherman act sometimes left administrative board agency determine whether activities sought regulated prohibited effect case interstate commerce act national labor relations act whether come within statutory definition prohibited act federal trade commission act sometimes congress said particular activity affects commerce present act safety appliance act railway labor act passing validity legislation class last mentioned function courts determine whether particular activity regulated prohibited within reach federal power italics added class activities test employed atlanta motel sustain act congress requiring hotel motel accommodations negro guests act declared inn hotel motel establishment provides lodging transient guests affects commerce per se exercise power commerce clause sustained ur people become increasingly mobile millions people races traveling state state negroes particular subject discrimination transient accommodations travel great distances secure often unable obtain accommodations call upon friends put overnight conditions become acute require listing available lodging negroes special guidebook impressive array testimony discrimination restaurants direct highly restrictive effect upon interstate travel negroes resulted said discriminatory practices prevent negroes buying prepared food served premises trip except isolated unkempt restaurants unsatisfactory often unpleasant conditions obviously discourages travel obstructs interstate commerce one hardly travel without eating likewise said discrimination deterred professional well skilled people moving areas practices occurred thereby caused industry reluctant establish class activities regulated class within reach federal power courts power excise trivial individual instances class maryland wirtz extortionate credit transactions though purely intrastate may judgment congress affect interstate commerce analogous situation justice holmes speaking unanimous said hen necessary order prevent evil make law embrace precise thing prevented may westfall case officer state bank member federal reserve system issued fraudulent certificate deposit paid funds state bank argued loss reserve bank justice holmes replied every fraud like one us weakens member bank therefore weakens system setting present case local loan sharks interstate crime findings congress quite adequate ground mcdade amendment house already noted one ultimately adopted stated congressman mcdade grew profound study organized crime ramifications implications undertaken congressmen cong rec results study included report urban poor organized crime submitted house august revealed organized crime takes million year america poor alone see cong rec congressman mcdade also relied challenge crime free society report president commission law enforcement administration justice february stated loan sharking second largest source revenue organized crime one way underworld obtains control legitimate businesses congress also knew new york report investigation loan shark racket see cong rec report shows loan shark racket controlled organized criminal syndicates either directly partnership independent operators instances racket organized three echelons top underworld bosses providing money principal lieutenants turn distribute money operators make actual individual loans loan sharks serve source funds bookmakers narcotics dealers racketeers victims racket include classes rich poor businessmen laborers victims often coerced commission criminal acts order repay loans loan sharking organized underworld obtained control legitimate businesses including securities brokerages banks exploited ven extortionate credit transactions purely intrastate character nevertheless directly affect interstate foreign commerce shortly conference bill adopted congress senate committee held hearings loan sharking testimony made available members house see cong rec essence reports hearings summarized embodied formal congressional findings supplied congress knowledge loan shark racket provides organized crime second lucrative source revenue exacts millions pockets people coerces victims commission crimes property causes takeover racketeers legitimate businesses see generally cong rec mentioned detail economic financial social setting problem revealed congress infer congress need make particularized findings order legislate relate history act detail answer impassioned plea petitioner involved loan sharking traditionally local activity appears instead loan sharking national setting one way organized interstate crime holds guns heads poor rich alike syphons funds numerous localities finance national operations affirmed footnotes organized crime interstate international character activities involve many billions dollars year directly responsible murders willful injuries person property corruption officials terrorization countless citizens substantial part income organized crime generated extortionate credit transactions extortionate credit transactions characterized use express implicit threat use violence criminal means cause harm person reputation property means enforcing repayment among factors rendered past efforts prosecution almost wholly ineffective existence exclusionary rules evidence stricter necessary protection constitutional rights extortionate credit transactions carried substantial extent interstate foreign commerce means instrumentalities commerce even extortionate credit transactions purely intrastate character nevertheless directly affect interstate foreign commerce section supp provides part extortionate extension credit extension credit respect understanding creditor debtor time made delay making repayment failure make repayment result use violence criminal means cause harm person reputation property person extortionate means means involves use express implicit threat use violence criminal means cause harm person reputation property person decision followed beckman mall bender wickard haley ohio see supra see supra justice stewart dissenting congress surely power commerce clause enact criminal laws protect instrumentalities interstate commerce prohibit misuse channels facilities interstate commerce prohibit regulate intrastate activities demonstrably substantial effect interstate commerce statute us man convicted without proof interstate movement use facilities interstate commerce facts showing conduct affected interstate commerce think framers constitution never intended national government might define crime prosecute wholly local activity enactment federal criminal laws order sustain law view able least say congress rationally concluded loan sharking activity interstate attributes distinguish substantial respect local crime enough say loan sharking national problem crime national problem enough say loan sharking interstate characteristics crime may interstate setting circumstance loan sharking adverse impact interstate business distinguishing attribute interstate business suffers almost criminal activity shoplifting violence streets unable discern rational distinction loan sharking local crime escape conclusion statute beyond power congress enact definition prosecution local intrastate crime reserved ninth tenth amendments