Proceedings of the Annual Meeting of the West Virginia Bar Association

Proceedings of the Annual Meeting of the West Virginia Bar Association

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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: simply because it is transported. I cannot conceive that any such result can properly follow. It would be to say that everything is an article-of commerce the moment it is taken to be transported from place to place, and of interstate commerce if from State to State. An invitation to dine, or to take a drive, or a note of introduction all becomes articles of commerce under the ruling in this case by being deposited with an express company for transportation. This in effect breakes down all the differences between that which is and that which is not an article of commerce and the necessary consequence is to take from the States all jurisdiction over the subject so far as interstate communication is concerned. It is a long step in the direction of wiping out all traces of state lines, and the creation of a centralized government. Again he says: -- Does the grant to Congress of the power to regulate interstate commerce import the absolute power to prohibit it? It was said in Gibbons v. Ogden that the right of intercourse between State and State was derived from those laws whose authority is recognized by civilized man throughout the world; but under the articles of Confederation the States might have interdicted interstate trade, yet when they surrendered the power to deal with commerce as between themselves to the general government it was undoubtedly to form a more perfect union by freeing such commerce from State discrimination, and not to transfer the power of restriction. But if that power of regulation is absolutely unrestricted as respects interstate commerce, then the very unity the Constitution was framed to secure can be set at naught by a legislative body created by that instrument. more

Product details

  • Paperback | 86 pages
  • 189 x 246 x 5mm | 168g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236633040
  • 9781236633040