Venue: |
SCOTUS
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Facts: |
Protectionist state statutes requiring a license to dock in NJ (granted
only to NJ companies) and a license to dock in NY (granted only to
CA companies... nah, just kidding, it was only for NY companies).
Then there's "coastal trade" with the US in general. |
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Posture: |
Unknown. |
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Issue: |
Are the NY laws which purport to give an exclusive privilege
repugnant to the constitution? |
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Holding: |
Yes. |
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Rule: |
The power to regulate trade between the states is granted to congress;
this implies that the states do not retain it. |
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Reasoning: |
What is commerce? It includes navigation. What is among? Intermingled
with. What is regulate? It is prescribing rules. |
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Dicta: |
The constitution is a document of enumeration, not definition. If we
don't give it force, it will be an empty thing. |
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