The Commercial Power of Congress

Cover The Commercial Power of Congress
The Commercial Power of Congress
David Walter Brown
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Congress had the unlimited right to regulate commerce, external and internal, and might therefore create monopolies. That under another clause they had the unlimited right to imposts and all Idnds of taxes, as well to levy as to collect them. "They have indeed," he says, "very nearly the same powers claimed formerly by the British Parliament."* Agrippa's view of the extent of the power of Congress over interstate conunerce did not at all agree with that presented by opponents of recent legislat...ion for controlling the great com- mercial combinations, who have insisted that contemporary views of the Constitution allowed but limited scope to the power. For one of Agrippa's chief objections to ratifying the Consti- ' Ford, Essays on the CansHtuHan, pp. 70-71.
* It was detennined by Manhall, In Gibbons vs, Ogdens (9 Wheat., i), in 1824, fhat the power to regulate interstate as well as foreign commerce is vested in Gsngress as absolutely as it would be in a unitary government, which had in its oonstitutioa only those nstrictioas whidi ara found in theFederalOnistitution.


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