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
_Pure Food._--Congress has also provided for the inspection of foods
imported from abroad. Whenever a vessel is found to have on board impure
or adulterated foods or teas, it is forbidden to land the cargo or is
allowed to land it only after certain conditions are complied with such
as the change of labels to correspond with the actual contents of
packages. In this way an attempt is made to protect the American
consumer against impure and unwholesome food products shipped here from
foreign ports.
=Interstate Commerce= has been interpreted to include the carriage of
passengers from one state to another; the transportation of commodities
of whatsoever character, including lottery tickets, obscene literature,
and any other objects which may be the subject of transportation; and
the transmission of ideas or information by telegraph or telephone from
a point in one state to a point in another. In short, interstate
commerce means not only transportation and traffic in articles but
intercourse and communication by the modern devices for transmitting
thought; and the power to prescribe the conditions under which such
intercourse may be carried on across state lines belongs to Congress.[43]
Congress controls also the coasting trade between parts of the same
state and the traffic on all rivers which flow into the ocean or the
Great Lakes and thus constitute highways of interstate or foreign
commerce.
[43] Under the commerce power. Congress has also enacted the white
slave law, and an act restricting the killing of birds that migrate
from one state to another.
[Illustration: IMMIGRATION STATION, ELLIS ISLAND, NEW YORK HARBOR]
[Illustration: IMMIGRANTS READY TO START WEST]
_Power Retained by the States._--Nevertheless it is often difficult in a
particular case to draw the line between acts which regulate interstate
commerce and acts which merely affect it without regulating it. The
Supreme Court in a long line of decisions has held that the states not
only have complete power of control over all commerce originating and
ending within their limits but that they may also enact legislation for
the protection of the public health, safety, good order, and morals of
their people even when such legislation affects commerce among the
states, the only restriction being that such legislation must be
reasonable and must not amount to a direct interference with interstate
traffic. The right of the states in this respect is known as the _police
power_--a power which is very extensive and of which they cannot be
deprived by Congress. Thus they may enact reasonable quarantine laws
forbidding the entrance into their territory of diseased persons from
other states or the importation of diseased live stock. Likewise they
may limit the speed of interstate trains running through their towns,
may require railroads to provide gates at crossings, safety appliances
for cars, and the like.
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