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 question whether Congress's power to regulate commerce "among the
several States" embraced the power to prohibit it furnished the topic of
one of the most protracted debates in the entire history of the
Constitution's interpretation, a debate the final resolution of which in
favor of Congressional power is an event of first importance for the
future of American Federalism. The issue was as early as 1841 brought
forward by Henry Clay, in an argument before the Court in which he
raised the specter of an act of Congress forbidding the interstate slave
trade.[487] The debate was concluded ninety-nine years later by the
decision in United States _v._ Darby, in which the Fair Labor Standards
Act was sustained. The resume of it which is given below is based on
judicial opinions, arguments of counsel, and the writings of jurists and
political scientists. Much of this material was evoked by efforts of
Congress, from about 1905 onward, to stop the shipment interstate of the
products of child labor.
ACTS OF CONGRESS PROHIBITIVE OF INTERSTATE COMMERCE
The earliest such acts were in the nature of quarantine regulations and
usually dealt solely with interstate transportation. In 1884 the
exportation or shipment in interstate commerce of livestock having any
infectious disease was forbidden.[488] In 1903 power was conferred upon
the Secretary of Agriculture to establish regulations to prevent the
spread of such diseases through foreign or interstate commerce.[489] In
1905 the same official was authorized to lay an absolute embargo or
quarantine upon all shipments of cattle from one State to another when
the public necessity might demand it.[490] A statute passed in 1905
forbade the transportation in foreign and interstate commerce and the
mails of certain varieties of moths, plant lice, and other insect pests
injurious to plant crops, trees, and other vegetation.[491] In 1912 a
similar exclusion of diseased nursery stock was decreed,[492] while by
the same act, and again by an act of 1917,[493] the Secretary of
Agriculture was invested with powers of quarantine on interstate
commerce for the protection of plant life from disease similar to those
above described for the prevention of the spread of animal disease.
While the Supreme Court originally held federal quarantine regulations
of this sort to be constitutionally inapplicable to intrastate shipments
of livestock, on the ground that federal authority extends only to
foreign and interstate commerce,[494] this view has today been
abandoned. _See_ pp. 248-249.
THE LOTTERY CASE
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