Tag: Acts of Congress Prohibiting Commerce
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State Police Power
Interstate Commerce: National Prohibitions and State Police PowerThe earliest acts prohibiting commerce were in the nature of quarantine regulations and usually dealt solely with interstate transportation. In 1884, the exportation or shipment in interstate commerce of livestock having any infectious…
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The Darby Case
The Darby CaseIn sustaining the Fair Labor Standards Act 1 in 1941,2 the Court expressly overruled Hammer v. Dagenhart.3 "The distinction on whic…
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The Lottery Case
The Lottery CaseThe first case to come before the Court in which the issues discussed above were canvassed at all thoroughly was Champion v. Ames,1 involving the act of 1895 "for the suppression of lotteries." <a name=t2 href=#f2 target=&qu…
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Protective Tariffs
Foreign Commerce: Protective TariffsTariff laws have customarily contained prohibitory provisions, and such provisions have been sustained by the Court under Congress's revenue powers and under its power to regulate foreign commerce. For the Court in Board of Trustees v. United States,<a name=t1…
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Embargo
Foreign Commerce: Jefferson's EmbargoEmbargo.&emdash;"Jefferson's Embargo" of 1807-1808, which cut all trade with Europe, was attacked on the ground that the power to regulate commerce was the power to preserve it, not the power to destroy it. This argument was rejected by Judge Da…
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Congress Power to Prohibit
Interstate Commerce: Congress Power to Prohibit QuestionedThe question whether Congress's power to regulate commerce "among the several States" embraced the power to prohibit it furnished the topic of one of the most protracted debates in the entire history of the Constitution's in…
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Banned Articles
Foreign Commerce: Banned ArticlesThe forerunners of more recent acts excluding objectionable commodities from interstate commerce are the laws forbidding the importation of like commodities from abroad. Congress has exercised this power since 1842, when it forbade the importation of obscene literatu…