Power of Congress Over Interstate Commerce: First Part: Judicial Expressions |
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Page 21
... defendants are engaged in interstate commerce because of their services in the sale of cattle which may come from other States , then the same must be said in regard to the members of the other exchanges above referred to . We think it ...
... defendants are engaged in interstate commerce because of their services in the sale of cattle which may come from other States , then the same must be said in regard to the members of the other exchanges above referred to . We think it ...
Page 29
... defendant , either as to amount or rates , the provision in question would be valid . But is it correct ? And is there no such immediate influence upon or regulation of the interstate commerce of the defendant ? * * * * * " The result ...
... defendant , either as to amount or rates , the provision in question would be valid . But is it correct ? And is there no such immediate influence upon or regulation of the interstate commerce of the defendant ? * * * * * " The result ...
Page 39
... defendant contends that the running on the Sabbath day of railroad cars , laden with interstate freight , is committed ex ... defendants rests upon the erroneous assumption that the statute of Georgia is such a regulation of inter- state ...
... defendant contends that the running on the Sabbath day of railroad cars , laden with interstate freight , is committed ex ... defendants rests upon the erroneous assumption that the statute of Georgia is such a regulation of inter- state ...
Page 54
... defendants rely , with some confidence , upon the case of Rail- road Company v . Maryland ( 21 Wall . , 456 , 473 ) . But nothing we have said is inconsistent with any principle announced in that 54 POWER OF CONGRESS OVER INTERSTATE ...
... defendants rely , with some confidence , upon the case of Rail- road Company v . Maryland ( 21 Wall . , 456 , 473 ) . But nothing we have said is inconsistent with any principle announced in that 54 POWER OF CONGRESS OVER INTERSTATE ...
Page 58
... defendant has a right under the Constitu- tion of the United States to ship live stock from one State to another State . This will be conceded on all hands . But the defendant is not given by that instrument the right to introduce into ...
... defendant has a right under the Constitu- tion of the United States to ship live stock from one State to another State . This will be conceded on all hands . But the defendant is not given by that instrument the right to introduce into ...
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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.