Congressional Edition Volume 5064

Congressional Edition Volume 5064

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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. 1907 edition. Excerpt: ... the consent of Congress the State into which such liquors were imported was without authority to prohibit or regulate the sale of such liquors while they remained in the original packages. The State having a hig-h-license law, a local-option law, a dispensary law, or a prohibition law was powerless to enforce the same in the case of the sale of liquors in the original packages. In Leisy r. Hardin, Mr. Chief Justice Fuller, quoting from Bowman v. The Railway, said: "For the purpose of protecting its people against the evils of intemperance it (the State) has the right to prohibit the manufacture within its limits of intoxicating liquors. It may also prohibit all domestic commerce in them between its own inhabitants, whether the articles are introducer! from other States or from foreign countries; it may punish those who sell them in violation of its laws; it may adopt any measure tending, even indirectly and remotely, to make the policy effective until it passes the line of power delegated to Congress under the Constitution. It can not, without the consent of Congress, express or implied, regulate commerce between its people and those of the other States of the Union in order to effect its end, however desirable such a regulation might be." Again the Chief Justice quotes from the License cases (5 Howard, 504), as follows: "It has indeed been suggested that if a State deems the traffic in ardent spirits to be injurious to its citizens and calculated to introduce immorality, vice, and pauperism into the State, it may constitutionally refuse to permit its importation, notwithstanding the laws of Congress; and that a State may do this upon the same principles that it may resist and prevent the introduction of disease, pestilence, or...
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Product details

  • Paperback | 312 pages
  • 189 x 246 x 17mm | 558g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123650206X
  • 9781236502063