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
Less than a year after the ruling in United States _v._ South-Eastern
Underwriters Association[764] that insurance transactions across State
lines constituted interstate commerce, thereby logically establishing
their immunity from discriminatory State taxation, Congress passed the
McCarran Act[765] authorizing State regulation and taxation of the
insurance business; and in Prudential Insurance Co. _v._ Benjamin,[766]
a statute of South Carolina which imposed on foreign insurance
companies, as a condition of their doing business in the State, an
annual tax of three per cent of premiums from business done in South
Carolina, while imposing no similar tax on local corporations, was
sustained. "Obviously," said Justice Rutledge for the Court, "Congress'
purpose was broadly to give support to the existing and future State
systems for regulating and taxing the business of insurance. This was
done in two ways. One was by removing obstructions which might be
thought to flow from its own power, whether dormant or exercised,
except as otherwise expressly provided in the Act itself or in future
legislation. The other was by declaring expressly and affirmatively that
continued State regulation and taxation of this business is in the
public interest and that the business and all who engage in it 'shall be
subject to' the laws of the several States in these respects. * * * The
power of Congress over commerce exercised entirely without reference to
coordinated action of the States is not restricted, except as the
Constitution expressly provides, by any limitation which forbids it to
discriminate against interstate commerce and in favor of local trade.
Its plenary scope enables Congress not only to promote but also to
prohibit interstate commerce, as it has done frequently and for a great
variety of reasons. * * * This broad authority Congress may exercise
alone, subject to those limitations, or in conjunction with coordinated
action by the States, in which case limitations imposed for the
preservation of their powers become inoperative and only those designed
to forbid action altogether by any power or combination of powers in our
governmental system remain effective."[767] The generality of this
language enforces again the sweeping nature of Congress's power to
prohibit interstate commerce.[768]
The Police Power and Foreign Commerce
ORIGIN OF POLICE POWER
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