The Essentials of American Constitutional Law — John Shaqi
The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
65. There ever remains the question of the extent of the power of
Congress to regulate commerce. American constitutional law as to
commerce is largely of what the States may not do. But the enormous
power of Congress to regulate commerce, more and more as the years
pass,—as the meaning of “national jurisdiction” is defined by the
courts of law,—the definition, however, slowly conforming to public
opinion,—discloses the extent of the federal power through the commerce
clause. Doubtless Congress has made but a beginning in its exercise
of this power. Thus it has made lottery tickets articles of commerce,
has excluded them from the mails, has assumed plenary authority of the
carriage of such articles from State to State, and, by authority of the
commerce clause has practically destroyed the lottery business in the
United States.[174] The principle here decided is that, under the power
to regulate commerce, regulation may take the form of prohibition, and
that the power “may be exerted with the effect of excluding particular
articles from such commerce.”[175]
In this decision the Court observes, “that the suppression of
nuisances injurious to public health or morality is among the most
important duties of government,” and quotes an earlier decision as to
“the widespread pestilence of lotteries.” It might seem that while
exercising its powers under the commerce clause Congress was really
exercising the police power of the United States.
66. Of highest importance is the act of Congress of July 2, 1890,
and later amendments, known as the Anti-Trust Act, entitled, An
“Act to Protect Trade and Commerce against Unlawful Restraints and
Monopolies.” The decisions growing out of this act have been made on
issues involving the particular questions whether or not restraints
and monopolies so-called were such under the act and conflicted with
it. The power of Congress, under the commerce clause to prohibit such
restraints and monopolies has not been denied. It will be remembered
that power to regulate commerce is not power to regulate manufactures.
The purpose of the Anti-Trust law[176] is “to destroy the power to
place any direct restraint on interstate trade or commerce, when by
any combination or conspiracy formed by either natural or artificial
persons, such a power has been acquired; and the government may
intervene and demand relief as well after the combination is fully
organized as while it is in process of formation.”[177] The principle
involved here is as to the power of corporations organized under State
laws to restrain or to monopolize interstate commerce. The State has
no power to create corporations with such powers, and consequently
they cannot exercise them lawfully. And like attempts to restrain
and monopolize interstate commerce made by individuals is alike
unlawful.[178]
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