The Conflict Between Federal And State Regulation of the Railways

Cover The Conflict Between Federal And State Regulation of the Railways
The Conflict Between Federal And State Regulation of the Railways
Dc Bureau of Railway Economics Washington
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Amendment X.
No person shall * * * be deprived of life, lib- erty or property, without due process of law; nor shall private property be taken for public use without just compensation. Amendment V.
* * * nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Section 1, Amendment XIV.
The effect of these provisions of the Constitution upon the power of the Federal Government
... and the States to regulate railways may be summarized as follows : The Federal Government exercises delegated powers only; all powers not expressly delegated to it by the Constitution or prohibited to the States may be exercised by the States. In the exercise of its delegated powers the Federal Govern- ment is supreme, but the power of a State over any matter as to which power has been delegated to Congress, is largely determined by the question of whether Congress has exercised its delegated power as affecting this subject-matter.

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