I shall confine myself to a cursory review of the remaining powers comprehended under this third description, to wit: to regulate commerce among the several States
and the Indian tribes; to coin money, regulate the value thereof, and of foreign coin; to provide for the punishment of counterfeiting the current coin and secureties of the United States; to fix the standard of weights and measures; to establish a uniform rule of naturalization, and uniform laws of bankruptcy, to prescribe the manner in which the public acts, records, and judicial proceedings of each State shall be proved, and the effect they shall have in other States; and to establish post offices and post roads.
Ogden, (1) and then discusses the origins and meanings of the later invented and adopted terms "interstate" and "intrastate." Part II presents data on the frequency of usage of all these terms in all Court majority opinions since 1789, and shows how "interstate commerce" has overwhelmingly been the term used by the Supreme Court since shortly after its introduction in 1869, being used about ten times more in majority opinions concerning the power to regulate commerce among the several states
since roughly 1910 than the actual constitutional language.
Section 1 of the Sherman Act prohibits contracts "in restraint of trade or commerce among the several States
." (1) How should a proponent of an "original public meaning" approach to statutory interpretation go about determining whether a challenged agreement is, in fact, "in restraint of trade"?
or conspiracy, in the restraint of trade or commerce among the several states
," 100-plus years of Sherman Act jurisprudence has made clear that only unreasonable restraints are outlawed.
Article I of the Constitution grants Congress the power to regulate commerce among the several states
. Since the 1940s, the Supreme Court has interpreted this power expansively to allow Congress to regulate any economic activity.
(9) Section 1 of the Sherman Act states: "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States
, or with foreign nations, is hereby declared to be illegal...." 15 U.S.C.
The act in question confines itself to regulating an aspect of "commerce among the several states
," no less here, in a case where it merely involves books, than in any other case (for example, a case involving steel products, pork, beef, drugs, lottery tickets or kitchen sinks); and
(74) That may be, but it is unlikely that the same word--"to regulate"--includes the power to prohibit when modifying "foreign commerce" but not when modifying "commerce among the several States
." That said, Congress's power to prohibit commerce among the States may be limited by the purpose of the Clause--so that Congress is limited to eliminating modes of trade that impede interstate commerce.
In dissent, Stevens stressed the importance of federal power to deal with the problem of water pollution and argued that the 1977 amendments to the Clean Water Act clearly supported the migratory bird rule.(13) He also emphasized the federal interest in protecting migratory birds: The power to regulate commerce among the several states
necessarily and properly includes the power to preserve the natural resources that generate such commerce.
Constitution's interstate commerce clause grants Congress power to regulate commerce among the several states
. In the early 19th century, the Supreme Court interpreted the clause to immunize interstate business activity from state taxation--period. In 1931, the Court set aside a Mississippi tax on interstate pipeline gas commodity sales because the gas moved in interstate commerce "that the State cannot touch".
The law stated: "Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States
, or with foreign nations, is hereby declared illegal." In practice, the lack of definition of such words as trust weakened the law.
At this point, Wills is forced to address the place of the Commerce Clause, which gives Congress the power to regulate "commerce among the several states