In the case of Parker v. Illinois in 1947, the U.S Supreme Court ruled that a state could regulate interstate commerce within its borders if Congress had not already done so. The case involved an Illinois law that required all eggs sold in the state to be candled (a process used to assess egg quality). An Iowa-based company, Parker Poultry Company, challenged this law arguing it was unconstitutional as it interfered with interstate commerce. However, the court upheld the validity of this regulation stating that since Congress had not enacted any legislation regarding egg inspection standards for interstate trade at that time; states were free to impose their own regulations on such matters within their jurisdiction until federal laws are established.

In the dissenting opinion for Parker v. Illinois, Justice Frankfurter argued that the majority's decision to uphold a state law requiring all grain stored in public warehouses be insured was an overreach of federal power. He contended that this issue should have been left to individual states to decide as it pertains directly to their economic affairs and does not violate any constitutional rights or principles. Furthermore, he expressed concern about the potential implications of such a ruling on other industries and warned against setting a precedent where federal courts can interfere with state regulations without clear justification. In his view, unless there is explicit evidence showing that these laws are being used unfairly or unjustly, they should remain under the jurisdiction of each respective state government.