Economic regulations are presumptively constitutional under the rational basis test. Particularly notable for Footnote 4, which formulated the foundation for strict scrutiny review. Decided April 25, 1938 (argued April 6, 1938). Opinion of the Court: Harlan F. Stone → go there Dissenting: McReynolds. Applied: the Fifth Amendment → go there Topic: Federalism. United States v. Carolene Products Company, 304 U.S. 144 (1938), was a case of the United States Supreme Court that upheld the federal government's power to prohibit filled milk from being shipped in interstate commerce. In his majority opinion for the Court, Associate Justice Harlan F. Stone wrote that economic regulations were "presumptively constitutional" under a deferential standard of review known as the "rational basis test". Wiki link