The Staten Island Bridge Question: Considered from a Pennsylvania Point of View ...

Εξώφυλλο
1886 - 14 σελίδες
 

Άλλες εκδόσεις - Προβολή όλων

Συχνά εμφανιζόμενοι όροι και φράσεις

Δημοφιλή αποσπάσματα

Σελίδα 6 - Hence, inasmuch as interstate commerce, consisting in the transportation, purchase, sale, and exchange of commodities, is national in its character, and must be governed by a uniform system, so long as Congress does not pass any law to regulate it, or allowing the states so to do, it thereby indicates its will that such commerce shall be free and untrammeled.
Σελίδα 6 - We have so often held that the power given to Congress to regulate commerce with foreign nations, among the several States and with the Indian tribes, is exclusive in all matters which require, or only admit of, general and uniform rules, and especially as regards any impediment or restriction upon such commerce, that we deem it necessary merely to refer to our previous decisions on the subject, the most important of which are collected in Brown v.
Σελίδα 11 - It can hardly be supposed that individual states, as far as they have reserved, or still possess, the power to interfere, will be so regardless of their own interest as to allow an obstructive policy to prevail. If, however, state institutions should so combine or become so consolidated and powerful as, under cover of irrevocable franchises already granted, to acquire absolute control over the transportation of...
Σελίδα 11 - ... combine or become so consolidated and powerful as, under cover of irrevocable franchises already granted, to acquire absolute control over the transportation of the country, and should exercise it injuriously to the public interest, every constitutional power of Congress would undoubtedly be invoked for relief. Some of the States are so situated as to put it in their power, or that of their transportation lines, to interpose formidable obstacles to the free movement of the commerce of the country....
Σελίδα 6 - Another established doctrine of this court is, that where the power of Congress to regulate is exclusive the failure of Congress to make express regulations indicates its will that the subject shall be left free from any restrictions or impositions ; and any regulation of the subject by the States, except in matters of local concern only, as hereafter mentioned, is repugnant to such freedom.
Σελίδα 5 - But, fortunately, the supposition is entirely destitute of truth. So far from the Constitution being the work of the American people collectively, no such political body either now, or ever did, exist...
Σελίδα 11 - general welfare,' and is dictated by the spirit of the Constitution at least. Any local interference with it will demand from the national legislature the exercise of all the just powers with which it is clothed. " But whether the power to afford relief from onerous exactions for transportation does, or does not, exist in the general government, we are bound to sustain the constitutional powers and prerogatives of the States...
Σελίδα 11 - ... transportation lines, to interpose formidable obstacles to the free movement of the commerce of the country. Should any such system of exactions be established in these States, as materially to impede the passage of produce, merchandise, or travel, from one part of the country to another, it is hardly to be supposed that the case is a casus omissus in the Constitution. Commercially, this is but one country, and intercourse between all its parts should be as free as due compensation to the carrier...
Σελίδα 6 - This modification of the old English rule is recognized in the comparatively late case of The Distilled Spirits, 11 Wall. 356. Mr. Justice Bradley, in delivering the opinion of the Supreme Court of the United States, stated that the doctrine in England...

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