The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
The original draft of the Constitution reported to the convention by its
Committee of Detail empowered Congress "To borrow money and emit bills
on the credit of the United States."[303] When this section was reached
in the debates, Gouverneur Morris moved to strike out the clause "and
emit bills on the credit of the United States." Madison suggested that
it might be sufficient "to prohibit the making them a tender." After a
spirited exchange of views on the subject of paper money the convention
voted, nine States to two, to delete the words "and emit bills."[304]
Nevertheless, in 1870, the Court relied in part upon this clause in
holding that Congress had authority to issue treasury notes and to make
them legal tender in satisfaction of antecedent debts.[305] When it
borrows money "on the credit of the United States" Congress creates a
binding obligation to pay the debt as stipulated and cannot thereafter
vary the terms of its agreement. A law purporting to abrogate a clause
in government bonds calling for payment in gold coin was held to
contravene this clause, although the creditor was denied a remedy in the
absence of a showing of actual damage.[306]
Clause 3. _The Congress shall have power_ * * * To regulate Commerce
with foreign Nations, and among the several States, and with the Indian
Tribes.
Purpose of the Clause
This clause serves a two-fold purpose: it is the direct source of the
most important powers which the National Government exercises in time of
peace: and, except for the due process of law clause of Amendment XIV,
it is the most important limitation imposed by the Constitution on the
exercise of State power. The latter, or restrictive, operation of the
clause was long the more important one from the point of view of
Constitutional Law. Of the approximately 1400 cases which reached the
Supreme Court under the clause prior to 1900, the overwhelming
proportion stemmed from State legislation.[307] It resulted that, with
an important exception to be noted in a moment, the guiding lines in
construction of the clause were initially laid down from the point of
view of its operation as a curb on State power, rather than of its
operation as a source of national power; and the consequence of this was
that the word "commerce," as designating the thing to be protected
against State interference, came to dominate the clause, while the word
"regulate" remained in the background.
Definition of Terms: Gibbons _v._ Ogden
"COMMERCE"
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