The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
62. Interstate commerce cannot be taxed by the State even though the
same amount of tax should be laid by the State on commerce carried
on wholly within its limits.[159] The right involved is not a State
right. “To carry on interstate commerce is not a franchise or privilege
granted by the State; it is a right which every citizen of the United
States is entitled to exercise under the Constitution and laws of
the United States.”[160] That persons engaged in such commerce are
incorporated under the laws of a State and thereby possess facilities
for carrying on their business cannot deprive them of their fundamental
right as against the State, but Congress, by its power to regulate
commerce, may prescribe conditions under which their business is
carried on, or by regulation, destroy their business entirely.[161]
Thus a State cannot, by a license tax, exclude from its jurisdiction
a foreign corporation engaged in interstate commerce, or impose any
burdens upon such commerce within its limits.[162] But it is within the
police power of a State to protect the lives and health of its people,
and to protect property through laws suppressing nuisances; prohibiting
manufactures injurious to the public health; prohibiting the
manufacture and sale of intoxicating liquors; prohibiting lotteries,
gambling, horse-racing, or anything else which the Legislature
considers opposed to the public welfare.[163] A local regulation
limiting the speed of trains on entering a town or city, or approaching
a curve or a bridge, or requiring a train to stop at a particular
place, comes within the exercise of the police power of the State.[164]
63. The power of a State over commerce being exclusive only as to
commerce strictly internal and within its own boundaries,—that is,
within its own jurisdiction,—it follows that “a State can no more
regulate or impede commerce among the several States than it can
regulate or impede commerce with foreign nations.”[165] Taxation, by
a State, of goods coming into it from another State, would destroy
freedom of trade within the nation, which Congress has seen fit shall
remain undisturbed. This freedom of trade is national in character, and
interference with it, by a State, would violate a function and defeat
the purpose of nationality: that is, such violation would prevent the
people of the United States from realizing their own sovereignty.
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