The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-17
INTERSTATE COMMERCE AND THE
CONSTITUTION


CONSTITUTION.
There has never been a time since the
adoption of the Constitution when the
clause giving Congress power to regulate
commerce among the States received as
much attention from Congress and the
courts as 1t does now. The history of the
Constitution throws some light on the or
igin of the provision, but not very much.
The Articles of Confederation, drafted in
1777 and adopted by majority of the States
in IT'S. was the form of government for
the States during the revolutionary war
present Constitution. The Confederation
was a very weak government, one of its
many defects being that each State could
impose taxes or duties on any article of
commerce that 1t saw fit to tax, except
that no State could impose duties which
might interfere with any foreign treaty
entered into by the United States. Any
State. however. could, and most Of them
did, impose duties on some articles of ex-
port and taxes on the products of other
States. In other words. commerce with
foreign nations and among the several
States was. to a considerable extent. under
the control of the States, each one of
which was at liberty to impose taxes or
enact laws intended to exact tribute from
the other States. Madison, in an introduce
ton to the debates in the Constitutional
Convention" refers to the peculiar stua-
no convenient ports for foreign commerce,
were subject to be taxed by their neighbors.
through whose ports their commerce was
carried on. New Jersey" he says. "placed
between Philadelphia and New York, was
likened to a cask tapped at both ends: and
North Carolina, between Virginia and South
Carolina, to patient bleeding at both
arms" At the same time some of the
States taxed imports from others. This
was one of the evils of the Confederation
which the trainers of the Constitution
sought to cure.
The first draft of proposed constitution,
submitted to the convention by Mr.. Pinck-
ney, of South Carolina, contained a pro-
vision that Congress should have power
to regulate commerce with all nations and
among the several States" with a proviso
that "all laws regulating commerce shall
require the assent of two-thirds of the
members present in each house." This
shows that some of the States were loath
to part with the power of regulating COM
merce. The committee on detail struck out
f1a ~ fx-a I'd "a
of each house to regulate commerce. In
the debate on this clause it came out that
Virginia imposed a tax on North Carolina
tobacco passing through the State. Rice,
indigo. lumber, live stock and ginseng were
mentioned as other products which had
debate several suggestions were made as
to the best mode of preventing the different
States from striking at each other in this
way, when Mr.. Madison said, 1.-The best
guard against an abuse Of the power Of the
States on this subject was the right of the
tween State and State" That hit the nail
on the head. Mr.. Pinckney renewed his
motion that two-thirds vote in each house
of Congress should be required to pass any
law regulating commerce among the States,
but this was voted down and the Constitu-
ton was finally adopted with the provision
as it now stands.
In as far as the history Of the Constitu-
ton throws any light on the subject II
shows that its trainers recognized the in
tolerable evil of the States interfering with
interstate commerce, and, after very full
discussion. they decided to place the whole
matter in the hands of Congress. The
clause as finally adopted gives Congress
absolute and unlimited power in regulating
commerce among the States. 1t would be
difficult to conceive OF anything in the way
of regulating and protecting commerce
among the States that Congress may not
do under the power given 1t by this clause
of the Constitution. Steamboats, and rail-
roads were not dreamed of when II was
| adopted, yet Congress finds under it ample
power to regulate interstate commerce by
| those methods. If balloon Transportation
should ever come in vogue it can regulate
that. 1t follows, of course. that it can pro-
hibit and punish interference with inter
| state commerce by rioters or strikers.