The Journal of Negro History, Volume 6, 1921Various
History
The Journal of Negro History, Volume 6, 1921
Various
African Americans -- Periodicals
With the rapid expansion of commerce in the United States and the
consequent necessity for regulation both by the State and the United
States, no power of Congress was more frequently questioned than that
to regulate commerce and no litigant concerned in such constitutional
questions easily escaped the consequences of the varying
interpretation given this clause by the United States Supreme Court.
The court, of course, accepted as a general principle that there are
three spheres for the regulation of commerce, namely: that which a
State cannot invade, that which the State may invade, when Congress
has not interfered, and that which is reserved to the State in
conformity with its police power. But as late as 1886 the
nationalistic school found some encouragement in the decision of the
_Wabash, St. Louis and Pacific Railway Company_ v. _Illinois_[29]
given by Justice Miller. He said: "Notwithstanding what is there said,
that is, in the decisions of _Munn_ v. _Illinois; C. B. and Q. R. R.
Company_ v. _Iowa_, and _Peik_ v. _Chicago and N. W. R. R. Co._,[30]
this court held and asserted that it had never consciously held
otherwise, that a statute of a State intended to regulate or to tax,
or to impose any other restriction upon the transmission of persons or
property or telegraphic messages, from one State to another, is not
within the class of legislation which the States may enact in the
absence of legislation by Congress; and that such statutes are void
even as to the part of such transmission which may be within the
State." Chief Justice Waite, and Justice Bradley and Justice Gray,
however, dissented for various reasons.
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