In the 1945 case Illinois ex rel. Gordon, Director of Labor v. United States, the Supreme Court ruled in favor of the federal government's right to control and regulate interstate commerce over state labor laws. The State of Illinois had attempted to enforce its labor law which required a permit for employment agencies that placed workers in other states. However, an agency working under contract with the U.S War Manpower Commission was placing workers on out-of-state jobs without such a permit from Illinois authorities. The court held that this activity fell within Congress’s power to regulate interstate commerce and thus superseded state law as per Supremacy Clause (Article VI) of US Constitution.

In the dissenting opinion for Illinois ex rel. Gordon, Director of Labor v. United States (1945), Justice Frankfurter argued that the majority's decision to uphold federal jurisdiction over labor disputes in interstate commerce was an unwarranted expansion of federal power at the expense of state sovereignty. He contended that Congress did not intend to supersede state authority when it enacted legislation regulating interstate commerce and labor relations, but rather sought to supplement existing state laws where they were inadequate or ineffective. Furthermore, he asserted that this interpretation was consistent with longstanding principles of federalism and comity among states which underpin our constitutional system. He warned against judicial activism in interpreting Congressional intent and cautioned that such actions could undermine public confidence in the judiciary as a neutral arbiter of law.