(Download) "Smith v. Alabama." by Supreme Court of the United States # Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Alabama.
- Author : Supreme Court of the United States
- Release Date : January 30, 1888
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The grant of power to Congress in the Constitution to regulate commerce with foreign nations and among the several States, it is conceded, is paramount over all legislative powers which, in consequence of not having been granted to Congress, are reserved to the States. It follows that any legislation of a State, although in pursuance of an acknowledged power reserved to it, which conflicts with the actual exercise of the power of Congress over the subject of commerce, must give way before the supremacy of the national authority. As the regulation of commerce may consist in abstaining from prescribing positive rules for its conduct, it cannot always be said that the power to regulate is dormant because not affirmatively exercised. And when it is manifest that Congress intends to leave that commerce, which is subject to its jurisdiction, free and unfettered by any positive regulations, such intention would be contravened by state laws operating as regulations of commerce as much as though these had been expressly forbidden. In such cases, the existence of the power to regulate commerce in Congress has been construed to be not only paramount but exclusive, so as to withdraw the subject as the basis of legislation altogether from the States.
 "Smith v. Alabama." by Supreme Court of the United States # Book PDF Kindle ePub Free){kind=link}