The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
67. So, too, where a labor organization sought by a boycott to prevent
the manufacture of articles intended for interstate commerce, and
to prevent the re-selling of these articles in other States, the
combination and plan were held to be restraint of commerce and in
violation of the Anti-Trust act.[179] The cases strongly suggest that
federal laws to regulate commerce may be essentially police regulations
as, notably, laws requiring safety appliances on railroad trains and
steamboats; laws regulating hours of labor and child labor; laws
requiring arbitration of controversies between employers and employees
operating in interstate commerce; the pure food law; the exclusion
of lottery tickets from the mails, and the like. The Constitution
contains no clause explicitly delegating the police power to the United
States, and the exercise of police power by Congress has thus far been
quite without exception under the commerce clause. Yet by parity of
reasoning, the police power may be included under the power to declare
war.
68. There is such a thing as the peace of the United States.[180] The
enormous power of Congress under the commerce clause has undoubtedly
promoted that peace: “domestic tranquillity” is one of the specified
purposes in ordaining and establishing the Constitution. As absence
of power to regulate commerce marked the weakness of the Articles
of Confederation, so the special inclusion of that power among those
delegated to Congress marks the strength of the Constitution.
69. Within their respective jurisdictions the United States and
the several States have power to regulate commerce. The power over
commerce, in either jurisdiction, is exercisable within the principle
of self-preservation. Whatsoever exercise of this power is essential
to the existence of either government belongs to that government and
cannot be repugnant to the other, that is, under the dual system of
American constitutional government. Simple as this principle may seem,
its practical application in defining the two jurisdictions, or the
authority of either government, involves all the issues in American
constitutional law, and the decisions of the American judiciary in
cases arising under the commerce clause of the Constitution.
A notable instance of the authority given by the commerce clause is the
power of Congress, over the transportation of the mails, to prevent
“any unlawful and forcible interference” with them. “The strong arm of
the government may be put forth to brush away all obstructions to the
freedom of interstate commerce or the transportation of the mails”;
“the United States have a property in the mails.” The contents of the
mail-bags—that is, matter, lawfully mailable—are commerce in the sense
in which that word is used in the Constitution.
Public-domain text, read in full here on John Shaqi.
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