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
In the Pipe Line Cases, decided in 1914,[388] the Court affirmed the
power of Congress to regulate the transportation of oil and gas in pipe
lines from one State to another and held that this power applies to such
transportation even though the oil (or gas) in question was the property
of the owner of the lines.[389] Thirteen years later, in 1927, the Court
ruled that an order by a State commission fixing rates on electric
current generated within the State and sold to a distributor in another
State was invalid as imposing a burden on interstate commerce, thus
holding impliedly that Congress' power to regulate the transmission of
electric current from one State to another carried with it the power to
regulate the price of such electricity.[390] Proceeding on this
implication Congress, in the Federal Power Act of 1935,[391] conferred
upon the Federal Power Commission the power to govern the wholesale
distribution of electricity in interstate commerce; and three years
later vested in the same body like power over natural gas moving in
interstate commerce.[392] In Federal Power Commission _v._ Natural Gas
Pipeline Company,[393] the power of the Commission to set the prices at
which gas, originating in one State and transported into another,
should be sold to distributors wholesale in the latter State, was
sustained by the Court in the following terms: "The argument that the
provisions of the statute applied in this case are unconstitutional on
their face is without merit. The sale of natural gas originating in the
State and its transportation and delivery to distributors in any other
State constitutes interstate commerce, which is subject to regulation by
Congress. * * * It is no objection to the exercise of the power of
Congress that it is attended by the same incidents which attend the
exercise of the police power of a State. The authority of Congress to
regulate the prices of commodities in interstate commerce is at least as
great under the Fifth Amendment as is that of the States under the
Fourteenth to regulate the prices of commodities in intrastate
commerce."[394]
Other acts regulative of interstate commerce and communication which
belong to this period are the Federal Communications Act of 1934, which
regulates, through the Federal Communications Commission,[395]
"interstate and foreign communication by wire and radio"; the Federal
Motor Carrier Act of 1935, which, through the Interstate Commerce
Commission, governs the transportation of persons and property by motor
vehicle common carriers;[396] the Civil Aeronautics Act of 1938, enacted
for the purpose of bringing under the control of a central agency,
called "the Civil Aeronautics Authority" (functioning through the Civil
Aeronautics Administrator and the Civil Aeronautics Board) all phases of
airborne commerce, foreign and interstate.[397] None of these measures
have provoked challenge to the power of Congress to enact them.
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