Regulation of Commerce Under the Federal Constitution Electronic Resource

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678; The Daniel Ball, commerce.
KEGULATION OF COMMERCE 195 the absence of express provision, to be the intention Chapter of Congress to interfere with or prevent the exer- ' cise by a State of its power to reclaim swamp and overflowed lands by regulating and controlling the current of small streams not used habitually as arteries of interstate commerce.^ POWER OF CONGRESS OVER NAVIGABLE WATERS GENERALLY.
The subject of the respective powers of the l^^^^^^^ national and State governments in the
...control and P°^^ate^ regulation of navigation and navigable waters, necessarily and constantly arises in the considera- tion which is hereafter given to the power to regu- late ships and shipping, and ferries; to the power to authorize the erection of bridges, wharves, piers, and docks, and the construction of canals, locks, dams, and booms ; and to the laws respecting pilot- age. It may here be said, however, that while the power of Congress to regulate the navigable waters which are connected with the ocean, between the States, or accessible from a State other than those in which they lie, is not expressly granted in the Constitution, it is nevertheless a power incidental to the express power granted by the commerce clause.

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