The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
55. The power to regulate commerce among the several States extends to
commercial highways and to agencies employed in such commerce. Thus
waterways capable of navigation and the free and unobstructed use of
them are subjects of congressional legislation under the commerce
clause. From this it follows that Congress legislates concerning these
waterways, their protection, their dredging, the bridges that cross
them, the boats that navigate them, the form, size, construction,
command, and equipment of these boats, the inspection of boilers, the
licensing of officers,—indeed, concerning navigation in its broadest
application under the commerce clause. Vessels engaged in such
commerce are described as “the public property of the nation, and
subject to all the requisite legislation of Congress.”[140]
56. In like manner, the national power to regulate commerce extends
over interstate commerce when carried on by land transportation.
Thus cars on railroads used in interstate commerce must be equipped
with automatic couplers and continuous brakes, and locomotives with
driving-wheel brakes.[141]
To what length this regulation of commerce may be carried by Congress
is unknown, nor can it be determined in advance. The limitations,
if any, are of expediency.[142] Thus in exercise of this vast power
Congress may regulate hours of labor, wages, selection and use of
material in construction of vehicles engaged in such commerce; the
education, training, and conduct of persons engaged in handling such
commerce; the age of employment; and physical equipment for the welfare
of employees, as well as tariff rates and other incidents.[143]
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