- Carrying from one State to Anther Interstate commerce
The carrying from one State to another by independent carriers
of things or commodities that are ordinary subjects of traffic,
and which have in themselves a recognized value in money,
constitutes interstate commerce.
Congress Prohibits Such Carrying
Congress may take cognizance over its power of regulating
Congress is punishing those who transporting foreign lottery
tickets among states.
Congress is protecting the people.
Congresss Power to Regulate Commerce is PLENARY
It must not be forgotten that the power of Congress to regulate
commerce among the States is plenary, is complete in itself, and
is subject to no limitations except such as may be found in the
Congress No Interference within the States
Congress [does] not assume to interfere with traffic or commerce
in lottery tickets carried on
exclusively within the limits of any State, but has
in view only commerce of that kind among the several States.
Congress Only Supplemented Actions of the States
It has not assumed to interfere with the completely internal
affairs of any State
Congress is only legislated in respect of a matter which
concerns the people of the United States.
State may, for the purpose of guarding the morals of its own
people, forbid all sales of lottery tickets within its limits.
Congress, for the purpose of guarding the people of the United
States against the "widespread
pestilence [evil influence] of lotteries" and to
protect the commerce which concerns all the States, may prohibit
the carrying of lottery tickets from one State to another.
Congress only supplemented the action of those States
for the protection of the public morals, prohibit the drawing of
latteries, as well as the sale or circulation of lottery
tickets, within their respective limits.
Congress may exclude Commerce
Congress may arbitrarily exclude
from commerce among the States
commodity or thing, of whatever
kind or nature, or however useful or valuable, which
it may choose, no matter with
what motive, to declare shall not be carried from
one State to another.
The power of Congress to regulate commerce among the States,
although plenary, cannot be
deemed arbitrary, since it is
subject to such limitations or
restrictions as are prescribed by the Constitution.
This power, therefore may not be exercised so as to infringe
rights secured or protected by that instrument.
If Congress is manifestly in excess, Then Court Steps in
If what is done by Congress is
manifestly in excess of the powers granted to it,
then upon the courts will
rest the duty of adjudging that its action is neither
legal nor binding upon the people.
If Congress is simply unwise/injurious, then within Art I,
But if what Congress does is within the limits of its power, and
is simply unwise or injurious, the remedy is that suggested by
Chief Justice Marshall in Gibbons v. Ogden, when he said:
"The wisdom and the discretion of Congress, their identity with
the people, and the influence which their constituents possess
at elections, are, in this, as in many other instances, as that,
for example, of declaring war,
the sole restraints on which they have relied, to secure them
from its abuse.
Does not agree with the general police power saying everything
is an article of commerce.
This would include an invitation to dine, or to take a drive, or
a note of introduction, all become articles of commerce under