Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=The Power to Regulate Commerce.=--Under the Articles of Confederation,
as we have seen, Congress possessed no power to regulate commerce among
the states or with foreign nations. That power remained entirely with
the states. Each state accordingly made such regulations as it saw fit,
without regard to the general welfare. It was this want of commercial
power on the part of Congress that contributed as much as anything else
perhaps to the downfall of the Confederation. The Constitution as
finally adopted gave Congress the exclusive power to regulate commerce
among the states, with foreign countries, and with the Indian tribes,
which were then treated somewhat as foreign nations for certain
purposes. The only limitations placed on the power of Congress in this
respect were that no duty should be levied on goods exported from any
state; that no preference should be given by any regulation of commerce
or revenue to the ports of one state over those of another; and that no
vessels bound to or from one state should be obliged to enter, clear, or
pay duties in another.
=Regulation of Foreign Commerce.= In pursuance of the power to regulate
commerce with foreign nations Congress has enacted a large amount of
legislation relating to tonnage duties, duties on imports, quarantine,
immigration, the importation of adulterated foods, wines, teas, and
other food products, the conduct of navigation, the construction and
inspection of ships carrying passengers, pilotage, clearances, the
protection of shipping, the rights of seamen, the registration and
insurance of vessels, life-saving appliances, the use of wireless
telegraph apparatus, and the like. It was also in pursuance of this
power that the Embargo Act was passed in 1807 and the Nonintercourse Act
in 1809--both of which were in effect prohibitions rather than
regulations of commerce.
_The Navigation Laws_ prescribe with great detail how vessels registered
under the American flag shall be constructed and equipped for the
comfort and safety of their crews and passengers; how they shall be
inspected; rules that shall be observed to avoid collisions, how signals
shall be displayed, etc.; the forms of papers vessels must carry; how
the wages of seamen shall be paid, the nature of their contracts, etc.
Public-domain text, read in full here on John Shaqi.
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