Power of Congress Over Interstate Commerce: First Part: Judicial Expressions |
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Page 4
... combination in restraint of trade partly local and partly interstate . SEC . 47. Cases where presumption of intrastate operation of statute prevailed . SEC . 48. States may provide and enforce judicial remedies . SEC . 49. State ...
... combination in restraint of trade partly local and partly interstate . SEC . 47. Cases where presumption of intrastate operation of statute prevailed . SEC . 48. States may provide and enforce judicial remedies . SEC . 49. State ...
Page 9
... combination . Congress , indeed , possessed the power of making treaties ; but the inability of the Federal Government to enforce them became so apparent as to render that power in a great degree useless . Those who felt the injury ...
... combination . Congress , indeed , possessed the power of making treaties ; but the inability of the Federal Government to enforce them became so apparent as to render that power in a great degree useless . Those who felt the injury ...
Page 14
... combinations that restrain its domestic commerce by destroying free competition among those engaged in such commerce ... combination that restrains such commerce by stifling competition among those engaged in it ? " PASSENGER CASES ( 7 ...
... combinations that restrain its domestic commerce by destroying free competition among those engaged in such commerce ... combination that restrains such commerce by stifling competition among those engaged in it ? " PASSENGER CASES ( 7 ...
Page 23
... combinations of that nature may be different in different kinds of corporations , and yet they all have an essential ... combination of capital . In any great and extended change in the manner or method of doing business it seems to be ...
... combinations of that nature may be different in different kinds of corporations , and yet they all have an essential ... combination of capital . In any great and extended change in the manner or method of doing business it seems to be ...
Page 24
... combination as to what price shall be paid for the article . In this light it is not material that the price of an article may be lowered . It is in the power of the combination to raise it , and the result , in any event , is ...
... combination as to what price shall be paid for the article . In this light it is not material that the price of an article may be lowered . It is in the power of the combination to raise it , and the result , in any event , is ...
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Common terms and phrases
act of Congress act to regulate action agreement American Tobacco Co antitrust act applied authority bridge cars cattle charge Chicago circuit court coal combination Commerce Court common carrier competition complained Constitution construed contract corporation declared defendants duty effect Elkins Act enacted enforcement engaged in interstate exercise fact Federal freight Government granted held illegal imposed injunction interstate commerce act Interstate Commerce Commission jurisdiction Kansas City Kansas City stockyards legislation legislature limited manufacture ment merce monopoly navigation NORTHERN SECURITIES Northern Securities Co obstruction operation parties passengers patent persons police power power of Congress power to regulate prescribed Procter & Gamble produce prohibited provisions purpose question quoted railroad company Railway rates reasonable regulate commerce restraint of trade restrictions rule shippers statute Supreme Court thereof tion trade or commerce traffic transportation United unlawful unreasonable valid violation
Popular passages
Page 80 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the Courts to so adjudge, and thereby give effect to the Constitution.
Page 250 - Act; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time...
Page 179 - The powers thus granted are not confined to the instrumentalities of commerce, or the postal service known or in use when the Constitution was adopted, but they keep pace with the progress of the country, and adapt themselves to the new developments of time and circumstances.
Page 273 - ... shall upon arrival in such state or territory be subject to the operation and effect of the laws of such state or territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such liquids or liquors had been produced in such state or territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.
Page 273 - that all fermented, distilled, or other intoxicating liquors or liquids transported into any State or Territory, or remaining therein for use, consumption, sale or storage therein, shall upon arrival in such State or Territory...
Page 11 - Resolved, that each branch ought to possess the right of originating acts; that the national legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and moreover to legislate in all cases to which the separate states are incompetent or in which the harmony of the United States may be interrupted by the exercise of individual legislation...
Page 165 - is between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Page 14 - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations, and 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 on the exercise of the power as are found in the constitution of the United States.
Page 154 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people.
Page 12 - The entire strength of the nation may be used to enforce in any part of the land the full and free exercise of all national powers and the security of all rights entrusted by the Constitution to its care.