Champion v. Ames (Lottery Case), 188 U.S. 321 

Supreme Court of the United States

1903

Chapter

2

Title

Federalism At Work

Page

193

Topic

The Evolution of Commerce Clause Doctrine

Quick Notes

Congresss Power to Regulate Commerce is PLENARY

o         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 Constitution.

Book Name

Constitutional Law : Stone, Seidman, Sunstein, Tushnet.  ISBN:  978-0-7355-7719-0

Issue

o         Whether Congress may regulate the carrying of interstate transportation of lottery tickets from one State to another?  Yes.

Procedure

Circuit

o         Appeal from a Circuit Court of the United States for the Northern District of Illinois decision that dismissed appellant's writ of habeas corpus after holding that the Federal Anti-Lottery Act, 28 Stat. 963 (1895) was not a restraint of liberty in violation of the United States Constitution

Supreme

o         Affirmed

Facts

Discussion

Key Phrases

Rules

Pl Champion

Df Ames

Party Description

o         Champion was indicted for shipping a box of Paraguayan lottery tickets from Texas to California.

o         Lottery Act of 1895 prohibited the interstate transportation of foreign lottery tickets.

Justice Harlan

Court - Carrying from one State to Anther Interstate commerce

o         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

o         Congress may take cognizance over its power of regulating interstate commerce.

o         Congress is punishing those who transporting foreign lottery tickets among states.

o         Congress is protecting the people.

Congresss Power to Regulate Commerce is PLENARY

o         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 Constitution.

Congress No Interference within the States

o         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

o         It has not assumed to interfere with the completely internal affairs of any State

o         Congress is only legislated in respect of a matter which concerns the people of the United States.

o         A State may, for the purpose of guarding the morals of its own people, forbid all sales of lottery tickets within its limits.

o    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.

o         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.

Courts Conclusion Congress may exclude Commerce

o         Congress may arbitrarily exclude from commerce among the States any article, 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.

Courts Arbitrary

o         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.

o         This power, therefore may not be exercised so as to infringe rights secured or protected by that instrument.

Courts If Congress is manifestly in excess, Then Court Steps in

o         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.

Court If Congress is simply unwise/injurious, then within Art I, Sect 8

o         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:

o    "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.

DISSENT

o         Does not agree with the general police power saying everything is an article of commerce.

o         This would include an invitation to dine, or to take a drive, or a note of introduction, all become articles of commerce under this ruling.

Rules

Class Notes