of the phrase "to regulate." Justice Johnson's
assertion on the same occasion is also given: "The power of a sovereign
State over commerce, * * *, amounts to nothing more than, a power to
limit and restrain it at pleasure." Further along is quoted with evident
approval Justice Bradley's statement in Brown _v._ Houston,[500] that
"the power to regulate commerce among the several States is granted to
Congress in terms as absolute as is the power to regulate commerce with
foreign nations."
NATIONAL PROHIBITIONS AND STATE POLICE POWER
Following in the wake of Champion _v._ Ames, Congress has repeatedly
brought its prohibitory powers over interstate commerce and
communications to the support of certain local policies of the States in
the exercise of their reserved powers, thereby aiding them in the
repression of the liquor traffic,[501] of traffic in game taken in
violation of State laws,[502] of commerce in convict-made goods,[503] of
the white slave traffic,[504] of traffic in stolen motor vehicles,[505]
of kidnapping,[506] of traffic in stolen property,[507] of
racketeering,[508] of prize-fight films or other pictorial
representation of encounters of pugilists.[509] The conception of the
Federal System on which the Court based its validation of this
legislation was stated by it in 1913 in sustaining the Mann "White
Slave" Act in the following words: "Our dual form of government has its
perplexities, State and Nation having different spheres of jurisdiction,
* * *, but it must be kept in mind that we are one people; and the
powers reserved to the States and those conferred on the Nation are
adapted to be exercised, whether independently or concurrently, to
promote the general welfare, material, and moral."[510] At the same
time, the Court made it plain that in prohibiting commerce among the
States, Congress was equally free to support State legislative policy or
to devise a policy of its own. "Congress," it said, "may exercise this
authority in aid of the policy of the State, if it sees fit to do so. It
is equally clear that the policy of Congress acting independently of the
States may induce legislation without reference to the particular policy
or law of any given State. Acting within the authority conferred by the
Constitution it is for Congress to determine what legislation will
attain its purposes. The control of Congress over interstate commerce is
not to be limited by State laws."[511]
HAMMER _v._ DAGENHA
|