The subject is Commerce
Wanted to limit the word commerce to
buying and selling.
He does not believe commerce means
Commerce is traffic but it is
something more: It is intercourse.
It describes the commercially
intercourse between nations, and parts of nations, in all its
branches, and is regulated by prescribing rules for carrying on
All Americans understand the word
commerce to comprehend navigation which was adopted by the
Power Over Commerce
The power over commerce includes
This was one of the objects adopted
by the American government.
The subject to which the power is
applied is to commerce "among
the several States."
Commerce Intermingled & External Boundary
Commerce is intermingled among the
Cannot stop at external States
Among the several States
(Art. I, Sect. 8)
The language "among the several
States" does not include that commerce which is completely
Comprehensive as the word "among"
is, it may very properly be restricted to that commerce which
concerns more States than one.
Among is not a word that indicates
interior traffic of a State.
Completely Internal, Reserved for the State itself
Regulation of the completely
internal commerce of a State, then, may be considered as
reserved for the State itself.
Congresss Power to regulate
If Congress has the power to
regulate it, that power must be exercised when it exists.
Congress must exercise within the
territorial jurisdiction of
the several States.
- What is Commerce Power?
It is the power to prescribe the
rule by which commerce is to be governed.
This power is complete in itself,
may be exercised to the utmost extent, and acknowledges no
limitations, other than are prescribed in the Constitution.
Plenary to Interstate Commerce
If the sovereignty of Congress is
plenary [unlimited] as to those objects, the power over commerce
among the several States is vested in Congress as absolutely as
it would be in a single government, having in its constitution
the same restrictions of the exercise of power as are found in
the Constitution of the United States.
That state laws requiring the
inspection of cargo show that Congress' power to regulate
commerce is not exclusively in Congress (i.e., not plenary).
Inspection laws may have a remote
and considerable influence on commerce
Court Regulation is derived
The power that States have to
regulate commerce is derive from the constitution in which
Congress has the plenary power.
Inspection, Quarantine, Health laws --
Components of the mass
Inspection laws, quarantine laws,
health laws of every description, as
well as laws for regulating the internal commerce of
a State, and those which respect
turnpike roads, ferries, &c., are
component parts of this mass.
No direct general power is granted to Congress
No direct general power over these
objects is granted to Congress.
They remain subject to State
When Congress can reach objects (Inspection laws, quarantine
laws, health laws)
If the legislative power of the
Union can reach them,
be for national purposes;
it must be where the
power is expressly given for a
special purpose, or
clearly incidental to some power which is
We do not want to take away
Congresss power of commerce, because it would
Obscure principals that were thought
The New York monopoly was therefore
invalid under the supremacy clause, and the injunction was