The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
The commerce clause has become the authority for exercising the
enormous powers of the national government as is illustrated, possibly,
by the exercise of power under no other clause. This means that the
United States in exercising this delegated power exercises so vast a
power that it seems to be sovereignty itself. Vast as this power is—and
practically it is incommensurable—it is a delegated, not an original
power of the national government. The scope, purpose, and nature of
this national power to regulate commerce are indicated by the Supreme
Court in its construction of the commerce clause. Here as in the
exercise of the taxing power the test is jurisdiction. The essential
question is, What is the jurisdiction of the United States, what that
of the respective States over commerce?
53. Commerce is intercourse,[134] and comprehends traffic, navigation,
telegraphic intercommunication, and consequently, communication by
telephone, wireless, or signals.[135]
The Constitution empowers Congress to regulate commerce “among the
several States,” an expression which excludes “the completely interior
traffic of a State.” This completely internal commerce is reserved
for the State itself. To whatsoever extent the foreign or interstate
commerce of the United States penetrates a State, it is subject to
regulation by the United States; it is carried on within national
jurisdiction. The power of Congress to regulate commerce within this
jurisdiction is complete in itself and knows no limitations other than
these prescribed in the Constitution. Thus this power to regulate
commerce, though limited to commerce with foreign nations and among the
States, and with the Indian tribes, is plenary as to these objects,
and Congress in exercising this power is commonly spoken of as
“sovereign.”[136] It follows, that as the Constitution is the supreme
law of the land, and the Supreme Court has power to say what the law
is—State laws to regulate commerce, in conflict with national laws,
are unconstitutional. The essential issue, in such conflict, is one of
jurisdiction. And here, the real question is whether the regulation
of commerce by a State is essential to its existence as a State, or
regulation by the United States is essential to its existence as the
United States. Such regulation by a State is known as the exercise of
the police power.[137]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account