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 this area of Constitutional Law the principle asserted in the State
Freight Tax Case,[651] that a State may not tax interstate commerce, is
confronted with the principle that a State may tax all purely domestic
business within its borders and all property "within its jurisdiction."
Inasmuch as most large concerns prosecute both an interstate and a
domestic business, while the instrumentalities of interstate commerce
and the pecuniary returns from such commerce are ordinarily property
within the jurisdiction of some State or other, the task before the
Court in drawing the line between the immunity claimed by interstate
business on the one hand and the prerogatives claimed by local power on
the other has at times involved it in self-contradiction, as successive
developments have brought into prominence novel aspects of its complex
problem or have altered the perspective in which the interests competing
for its protection have appeared. In this field words of the late
Justice Rutledge, spoken in 1946, are especially applicable: "For
cleanly as the commerce clause has worked affirmatively on the whole,
its implied negative operation on State power has been uneven, at times
highly variable. * * * Into what is thus left open for inference to
fill, divergent ideas of meaning may be read much more readily than into
what has been made explicit by affirmation. That possibility is
broadened immeasurably when not logic alone, but large choices of
policy, affected in this instance by evolving experience of federalism,
control in giving content to the implied negation."[652]
DEVELOPMENT OF THE APPORTIONMENT RULE
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account