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
Statutory Liens
A State statute which gives a lien upon all vessels whether domestic or
foreign, and whether engaged in interstate commerce or not, for injuries
to persons and property within the State, does not as applied to
nonmaritime torts offend the commerce clause, there being no act of
Congress in conflict.[897] Nor can the enforcement of a lien for
materials used in the construction of a vessel be avoided because the
vessel is engaged in interstate commerce.[898]
The Police Power and the Subject-Matter of Commerce
SCOPE OF THE POLICE POWER
"Quarantine regulations are essential measures of protection which the
States are free to adopt when they do not come into conflict with
Federal action. In view of the need of conforming such measures to local
conditions, Congress from the beginning has been content to leave the
matter for the most part, notwithstanding its vast importance, to the
States and has repeatedly acquiesced in the enforcement of State laws.
* * * Such laws undoubtedly operate upon interstate and foreign
commerce. They could not be effective otherwise. They cannot, of course,
be made the cover for discriminations and arbitrary enactments having no
reasonable relation to health * * *; but the power of the State to take
steps to prevent the introduction or spread of disease, although
interstate and foreign commerce are involved (subject to the paramount
authority of Congress if it decides to assume control), is beyond
question.[899] * * * State inspection laws and statutes designed to
safeguard the inhabitants of a State from fraud and imposition are valid
when reasonable in their requirements and not in conflict with Federal
rules, although they may affect interstate commerce in their relation to
articles prepared for export or by including incidentally those brought
into the State and held for sale in the original imported
packages."[900]
QUARANTINE LAWS
In two earlier cases a Missouri statute which prohibited the driving of
all Texan, Mexican, and Indian cattle into the state during certain
seasons of the year was held void;[901] while a statute making anybody
in the State who had Texas cattle which had not wintered north of a
certain line liable for damage through the communication of disease from
these to other cattle was sustained;[902] as were also the regulations
of a sanitary commission which excluded all cattle, horses, and mules,
from the State at a certain period when anthrax was prevalent.[903]
Reviewing previous cases in the one last cited, the Court declared their
controlling principle to be simply whether the police power of the State
had been exerted to exclude "_beyond what is necessary for any proper
quarantine_," a question predominantly of fact, and one therefore to be
determined for each case with only general guidance from earlier
decisions.[904]
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