Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: xm177e2
"The federal government does not have general police powers."

Call it what you will, but in U.S. v. DARBY 312 U.S. 100 (1941), Justice Stone ruled:

"The power of Congress over interstate commerce 'is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed by the constitution.' Congress, following its own conception of public policy concerning the restrictions which may appropriately be imposed on interstate commerce, is free to exclude from the commerce articles whose use in the states for which they are destined it may conceive to be injurious to the public health, morals or welfare, even though the state has not sought to regulate their use."

Such regulation is not a forbidden invasion of state power merely because either its motive or its consequence is to restrict the use of articles of commerce within the states of destination and is not prohibited unless by other Constitutional provisions. It is no objection to the assertion of the power to regulate interstate commerce that its exercise is attended by the same incidents which attend the exercise of the police power of the states."

38 posted on 11/28/2004 2:16:21 PM PST by robertpaulsen
[ Post Reply | Private Reply | To 27 | View Replies ]


To: robertpaulsen

Sounds like the product of a stoned justice, all right.


57 posted on 11/28/2004 9:59:25 PM PST by HiTech RedNeck
[ Post Reply | Private Reply | To 38 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson