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
But dicta to the contrary are much more numerous and span a far longer
period of time. Thus Chief Justice Taney wrote in 1847: "The power to
regulate commerce among the several States is granted to Congress in the
same clause, and by the same words, as the power to regulate commerce
with foreign nations, and is coextensive with it."[332] And nearly fifty
years later Justice Field, speaking for the Court, said: "The power to
regulate commerce among the several States was granted to Congress in
terms as absolute as is the power to regulate commerce with foreign
nations."[333] Today it is firmly established doctrine that the power to
regulate commerce, whether with foreign nations or among the several
States comprises the power to restrain or prohibit it at all times for
the welfare of the public, provided only the specific limitations
imposed upon Congress's powers, as by the due process clause of the
Fifth Amendment, are not transgressed.[334]
Nor does the power to regulate commerce stop with, nor in fact is it
most commonly exercised in, measures designed to outlaw some branch of
commerce. In the words of the Court: It is the power to provide by
appropriate legislation for its "protection and advancement";[335] to
adopt measures "to promote its growth and insure its safety";[336] "to
foster, protect, control and restrain, [commerce]."[337] This
protective power has, moreover, two dimensions. In the first place, it
includes the power to reach and remove every conceivable obstacle to or
restriction upon interstate and foreign commerce from whatever source
arising, whether it results from unfavorable conditions within the
States or from State legislative policy, like the monopoly involved in
Gibbons _v._ Ogden; or from both combined. In the second place, it
extends--as does also the power to restrain commerce--to the instruments
and agents by which commerce is carried on; nor are such instruments and
agents confined to those which were known or in use when the
Constitution was adopted.[338]
INSTRUMENTS OF COMMERCE
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