Power of Congress Over Interstate Commerce: First Part: Judicial ExpressionsU.S. Government Printing Office, 1912 - 318페이지 |
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13 페이지
... enactment of Congress . Not even a State , still less one of its artificial creatures , can stand in the way of its enforcement . If it were other- wise the Government and its laws might be prostrated at the feet of ocal authority ...
... enactment of Congress . Not even a State , still less one of its artificial creatures , can stand in the way of its enforcement . If it were other- wise the Government and its laws might be prostrated at the feet of ocal authority ...
14 페이지
... enact a law prohibiting the citizen from entering into those private contracts which directly and substantially , and not merely indirectly , remotely , incidentally , and collaterally , regulate to a greater or less degree commerce ...
... enact a law prohibiting the citizen from entering into those private contracts which directly and substantially , and not merely indirectly , remotely , incidentally , and collaterally , regulate to a greater or less degree commerce ...
16 페이지
... enacted liquor laws prohibiting the sale of intoxicating liquors within their respective limits , then the act would necessarily have had the effect to exclude ardent spirits altogether from commerce among the States ; for no one would ...
... enacted liquor laws prohibiting the sale of intoxicating liquors within their respective limits , then the act would necessarily have had the effect to exclude ardent spirits altogether from commerce among the States ; for no one would ...
25 페이지
... enact- ment can be of any avail when the subject of such transaction has been covered by an act of Congress acting within the limits of its constitutional powers . It has long been settled that when an ' act of the legislature of a ...
... enact- ment can be of any avail when the subject of such transaction has been covered by an act of Congress acting within the limits of its constitutional powers . It has long been settled that when an ' act of the legislature of a ...
26 페이지
... enactment . ' ( Sinnot v . Davenport , 22 How . , 227 , 243 ; M. K. & T. Railway v . Haber , 169 U. S. , Rept . 613 , 686 ; Reid v . Colorado , 187 U. S. , 137. ) This results , Chief Justice Marshall said in Gibbons v . Ogden ( 9 Wheat ...
... enactment . ' ( Sinnot v . Davenport , 22 How . , 227 , 243 ; M. K. & T. Railway v . Haber , 169 U. S. , Rept . 613 , 686 ; Reid v . Colorado , 187 U. S. , 137. ) This results , Chief Justice Marshall said in Gibbons v . Ogden ( 9 Wheat ...
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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
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80 페이지 - 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.
250 페이지 - 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...
179 페이지 - 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.
273 페이지 - ... 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.
273 페이지 - 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...
11 페이지 - 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...
165 페이지 - 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.
14 페이지 - 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.
154 페이지 - 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.
12 페이지 - 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.