The Commercial Power of Congress

The Commercial Power of Congress

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...over the subject-matter; that, while there are some subjects embraced within the commercial power of Congress, which require a general or uniform rule, applicable alike to the whole country, the nature of the power itself does not render it exclusive in the federal governmentf for all purposes, and, that some of the subjects of the commercial power are temporary and local in their nature, and may be regulated by the States, until Congress shall, in the exercise of its paramount power, cover the same ground, by such legislation as it may deem appropriate to enactj: upon the subject. To these limitations of the power of Congress to regulate commerce, growing out of the nature of the subject-matter of the power, it has also been held, that, whatever may be its extent, it cannot be exercised, by the federal government, so as to create a monopoly, nor can it be invoked to impair the obligations of private contracts. Thus, in the case of Pennsylvania against Wheeling & Belmont Bridge Company, it was said, by Mr. Justice Daniel, in a dissenting opinion, that, "The power to regulate commerce was given to the federal government, whose functions were designed to be general and co-extensive with the entire confederacy, because, its duties embrace Cooley v. Board of Wardens, 12 How., 299; Pacific Mail Steamship Co. v. Joliffe, 2 Wall., 450. (License Cases, 5 How., 504 (608), per Carton, J. _ JCooley v. Port Wardens (supra), Gilman v. Philadelphia, 3 Wall., 713; Willson v. Blackbird Creek Marsh Co., 2 Pet., 245; Crandall v. Nevada, 6 Wall., 35; Pound v. Turck, 95 U. S. 439. 13 How., 518. the equal rights and interests of all the members of the confederacy, and of the means of the widest diffusion of commercial facilities and intercourse, within the...show more

Product details

  • Paperback | 70 pages
  • 189 x 246 x 4mm | 141g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236672291
  • 9781236672292