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
Against this background the Court in 1941, in Edwards _v._
California,[953] held void a statute which penalized the bringing into
that State, or the assisting to bring into it, any nonresident knowing
him to be "an indigent person." Five Justices, speaking by Justice
Byrnes, held the act to be even as to "persons who are presently
destitute of property and without resources to obtain the necessities of
life, and who have no relatives or friends able and willing to support
them,"[954] an unconstitutional interference with interstate commerce.
"The State asserts," Justice Byrnes recites, "that the huge influx of
migrants into California in recent years has resulted in problems of
health, morals, and especially finance, the proportions of which are
staggering. It is not for us to say that this is not true. We have
repeatedly and recently affirmed, and we now reaffirm, that we do not
conceive it our function to pass upon 'the wisdom, need, or
appropriateness' of the legislative efforts of the States to solve such
difficulties. * * * But this does not mean that there are no boundaries
to the permissible area of State legislative activity. There are. And
none is more certain than the prohibition against attempts on the part
of any single State to isolate itself from difficulties common to all of
them by restraining the transportation of persons and property across
its borders. It is frequently the case that a State might gain a
momentary respite from the pressure of events by the simple expedient of
shutting its gates to the outside world. But, in the words of Mr.
Justice Cardozo: 'The Constitution was framed under the dominion of a
political philosophy less parochial in range. It was framed upon the
theory that the peoples of the several States must sink or swim
together, and that in the long run prosperity and salvation are in union
and not division'."[955] Four of the Justices would have preferred to
rest the holding of unconstitutionality on the rights of national
citizenship under the privileges and immunities clause of Amendment
XIV.[956]
STATE CONSERVATION AND EMBARGO MEASURES
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