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STUDIES IN CONSTITUTIONAL LAW

A Treatise on American Citizenship.

By JOHN S. WISE of the New York Bar.

Due Process of Law under the Federal Constitution.

By LUCIUS POLK MCGEHEE, Professor of Law in the University of North Carolina.

Regulation of Commerce under the Federal Constitution.

By THOMAS H. CALVERT, Annotator of the Constitution in "Federal Statutes, Annotated."

Other Volumes in Preparation.

STUDIES IN CONSTITUTIONAL LAW

REGULATION OF COMMERCE

UNDER THE

FEDERAL CONSTITUTION

BY

THOMAS H. CALVERT

ANNOTATOR OF THE CONSTITUTION IN “FEDERAL STATUTES, ANNOTATED "

EDWARD THOMPSON COMPANY
NORTHPORT, LONG ISLAND, N. Y.

Copyright 1907
by

EDWARD THOMPSON COMPANY

All rights reserved

PREFACE

In the preparation of such a work as this an author is under the temptation unduly to dwell on matters of contemporary interest, and thus to lose the sense of due proportion. In taking up and prosecuting the work, it was my purpose and it has been my effort to make a clear, coherent, and comprehensive presentation of the subject, strictly within its scope, convenient for the practicing lawyer and the legislator, while useful also as a text-book for the student. The construction, scope, and effect of statutes passed in exercise of the power of Congress to regulate commerce have not been discussed unless it seemed that a fundamental question was involved in the particular consideration.

This presentation is mainly based upon a careful examination of all the cases on the subject decided by the Supreme Court of the United States. On the moot question of the existence and nature of a federal police power I have endeavored to find and state a general principle. The working out of the principle has relation chiefly to the question of the power to regulate commerce as including the power to prohibit, and the relation of this power to a consideration of the power of Congress indirectly to regulate manufacture by denying the facilities of interstate transportation to commodities not manufactured under conditions prescribed by Congress. In separate parts of the work these two topics are

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