Justice Marshall
The subject is Commerce
Ogden Arg
o
Wanted to limit the word commerce to
buying and selling.
o
He does not believe commerce means
navigation.
Courts
Response
o
Commerce is traffic but it is
something more: It is intercourse.
Commercial Intercourse
o
It describes the commercially
intercourse between nations, and parts of nations, in all its
branches, and is regulated by prescribing rules for carrying on
that intercourse.
Americans Understanding
o
All Americans understand the word
commerce to comprehend navigation which was adopted by the
government.
Power Over Commerce
o
The power over commerce includes
navigation.
o
This was one of the objects adopted
by the American government.
o
The subject to which the power is
applied is to commerce "among
the several States."
Commerce Intermingled & External Boundary
o
Commerce is intermingled among the
States.
o
Cannot stop at external States
boundary lines.
Among the several States
(Art. I, Sect. 8)
o
The language "among the several
States" does not include that commerce which is completely
internal.
o
Comprehensive as the word "among"
is, it may very properly be restricted to that commerce which
concerns more States than one.
o
Among is not a word that indicates
interior traffic of a State.
Completely Internal, Reserved for the State itself
o
Regulation of the completely
internal commerce of a State, then, may be considered as
reserved for the State itself.
Congresss Power to regulate
o
If Congress has the power to
regulate it, that power must be exercised when it exists.
o
Congress must exercise within the
territorial jurisdiction of
the several States.
Court
- What is Commerce Power?
o
It is the power to prescribe the
rule by which commerce is to be governed.
o
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
o
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.
Ogden Argues
No Plenary
o
That state laws requiring the
inspection of cargo show that Congress' power to regulate
commerce is not exclusively in Congress (i.e., not plenary).
o
Inspection laws may have a remote
and considerable influence on commerce
Court Regulation is derived
o
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
o
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
o
No direct general power over these
objects is granted to Congress.
o
They remain subject to State
legislation.
When Congress can reach objects (Inspection laws, quarantine
laws, health laws)
o
If the legislative power of the
Union can reach them,
o
it must
be for national purposes;
o
it must be where the
power is expressly given for a
special purpose, or
o
is
clearly incidental to some power which is
expressly given.
Public Policy
o
We do not want to take away
Congresss power of commerce, because it would
o
Perplex understanding
o
Obscure principals that were thought
quite plain
o
Induce doubts
Courts
Holding
o
The New York monopoly was therefore
invalid under the supremacy clause, and the injunction was
accordingly dissolved. |