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 Gibbons _v._ Ogden[769] cognizance was taken of the existence in the
States of an "immense mass" of legislative power to be used for the
protection of their welfare and the promotion of local interests.[770]
In Marshall's opinion in Brown _v._ Maryland[771] this power is
christened "the Police Power," a name which has since come to supply one
of the great titles of Constitutional Law. Counsel for Maryland had
argued that if the State was not permitted to _tax_ imports in the
original package before they left the hands of the importer, it would
also be unable to prevent their introduction into its midst although
they might comprise articles dangerous to the public health and safety.
"The power to direct the removal of gunpowder," the Chief Justice
answered, "is a branch of the police power, which unquestionably
remains, and ought to remain, with the States;" and the power to direct
"the removal or destruction of infectious or unsound articles" fell
within the same category.[772]
STATE CURBS ON ENTRY OF FOREIGNERS
In short, the power to tax was one thing, the police power something
quite different. To concede the former would be to concede a power which
could be exercised to any extent and at the will of its possessor;[773]
to concede the latter was to concede a power which was limited of its
own inherent nature to certain necessary objectives. In New York _v._
Miln,[774] however, the Court which came after Marshall inclined toward
the notion of a power of internal police which was also unlimited; and
on this ground upheld a New York statute which required masters of all
vessels arriving at the port of New York to make reports as to
passengers carried, and imposed fines for failure to do so. "We are of
opinion," the Court said, "that the act is not a regulation of commerce,
but of police." But, when New York, venturing a step further, passed an
act to authorize State health commissioners to collect certain fees from
captains arriving in ports of that State, and when Massachusetts enacted
a statute requiring captains of ships to give bonds as to immigrants
landed, both measures were pronounced void, either as conflicting with
treaties and laws of the United States or as invading the "exclusive"
power of Congress to regulate foreign commerce.[775] Following the Civil
War, indeed, New York _v._ Miln was flatly overruled, and a New York
statute similar to the one sustained in 1837 was pronounced void as
intruding upon Congress's powers.[776] Nothing was gained, said the
Court, by invoking "[the police power] * * *, it is clear, from the
nature of our complex form of government, that, whenever the statute of
a State invades the domain of legislation which belongs exclusively to
the Congress of the United States, it is void, no matter under what
class of powers it may fall, or how closely allied to powers conceded to
belong to the States."[777] At the same time a California statute
Public-domain text, read in full here on John Shaqi.
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