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 Geer _v._ Connecticut[957] the Court sustained the right of the State
to forbid the shipment beyond its borders of game taken within the
State--this on the ground, in part, that a State has an underlying
property right to wild things found within its limits, and so is
entitled to qualify the right of individual takers thereof to any
extent it chooses; and a similar ruling was laid down in a later case as
to the prohibition by a State of the transportation out of it of water
from its important streams.[958] In Oklahoma _v._ Kansas Natural Gas
Co.,[959] however, this doctrine was held inapplicable to the case of
natural gas, on the ground: first, that "gas, when reduced to
possession, is a commodity, the individual property" of the owner; and
secondly, that "the business welfare of the State," is subordinated by
the commerce clause to that of the nation as a whole. If the States had
the power asserted in the Oklahoma statute, said Justice McKenna, "a
singular situation might result. Pennsylvania might keep its coal, the
Northwest its timber, the mining States their minerals. And why may not
the products of the field be brought within the principle? * * * And yet
we have said that 'in matters of foreign and interstate commerce there
are no State lines.' In such commerce, instead of the States, a new
power appears and a new welfare, a welfare which transcends that of any
State. But rather let us say it is constituted of the welfare of all the
States and that of each State is made greater by a division of its
resources, * * *, with every other State, and those of every other State
with it. This was the purpose, as it is the result, of the interstate
commerce clause of the Constitution of the United States."[960] In
Pennsylvania _v._ West Virginia[961] the same doctrine was enforced in
disallowance of a West Virginia statute whereby that State sought to
require that a preference be accorded local consumers of gas produced
within the State. West Virginia's argument that the supply of gas within
the State was waning and no longer sufficed for both the local and the
interstate markets, and that therefore the statute was a legitimate
measure of conservation in the interest of the people of the State, was
answered in the words just quoted.
Public-domain text, read in full here on John Shaqi.
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