The Federal Power Over Carriers and Corporations |
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Page xi
... restraints . The Trans - Missouri Freight Association . The Joint Traffic case . Formation of partnerships and corporations . The constitutional field for operation of act . The Whiskey Trust cases . The Knight case . Contracts ...
... restraints . The Trans - Missouri Freight Association . The Joint Traffic case . Formation of partnerships and corporations . The constitutional field for operation of act . The Whiskey Trust cases . The Knight case . Contracts ...
Page 34
... restraint of his person , as by incarceration , but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ...
... restraint of his person , as by incarceration , but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ...
Page 90
... restraints . And I cannot overcome the conviction , that if the licensing act was repealed to - morrow , the right of the appellant to a reversal of the decision complained of , would be as strong as it is under this license . ' 99 1 ...
... restraints . And I cannot overcome the conviction , that if the licensing act was repealed to - morrow , the right of the appellant to a reversal of the decision complained of , would be as strong as it is under this license . ' 99 1 ...
Page 138
... restraint of trade are by the nature of the organization necessarily suspended , the existence of such a dispensing power in the Federal government may well be doubted . Jeffer- son , Randolph , and many others , on this and other ...
... restraint of trade are by the nature of the organization necessarily suspended , the existence of such a dispensing power in the Federal government may well be doubted . Jeffer- son , Randolph , and many others , on this and other ...
Page 139
... restraint of trade may be put into corporate form , and 1 Opinion on U. S. Bank Bill . Hamilton's Works ( Putnam ) , Vol . 3 , p . 185 . accumulations and perpetuities which nature denies to individuals , and CARRIERS AND CORPORATIONS 139.
... restraint of trade may be put into corporate form , and 1 Opinion on U. S. Bank Bill . Hamilton's Works ( Putnam ) , Vol . 3 , p . 185 . accumulations and perpetuities which nature denies to individuals , and CARRIERS AND CORPORATIONS 139.
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Common terms and phrases
1st Sess 2d Sess Act of April Act of March adopted Amendment American Annals 18th Cong Articles of Confederation authority bill carrier Chief Justice citizens coasting trade combination commerce clause competition construction contracts Convention corporations decision doctrine duty E. C. Knight Co Edmund Randolph Elliot Deb establish exclusive exercise existed exports extend Federal control Federal government Federal jurisdiction Federal power Federalist forbid foreign commerce foreign nations Gibbons given granted Harvard Law Review Ibid imports imposed individual intercourse interstate commerce interstate transportation legislation liberty license limited Massachusetts means ment merce monopoly nature navigation navigation act Northern Securities Co Ogden operation opinion person port power of Congress power to regulate prohibition protection provision purpose question Railroad regulate commerce relations restraint of trade restrictions rule Senator Sherman Act South Carolina Speech Supreme Court taxation tion United words York
Popular passages
Page 30 - Though the earth and all inferior creatures be common to all men, yet every man has a property in his own person. This nobody has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his.
Page 13 - States : regulating the trade and managing all affairs with the Indians not members of any of the states ; provided that the legislative right of any state within its own limits be not infringed or violated...
Page 13 - The United States in congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states..
Page 211 - Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National government. The Constitution, in all its provisions, looks to an indestructible...
Page 197 - Doubtless the power to control the manufacture of a given thing involves in a certain sense the control of its disposition, but this is a secondary and not the primary sense; and although the exercise of that power may result in bringing the operation of commerce into play, it does not control it, and affects it only incidentally and indirectly. Commerce succeeds to manufacture, and is not a part of it.
Page 177 - Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor...
Page 25 - That no person shall be deprived of life, liberty or property without due process of law; that private property shall not be taken for public use without just compensation...
Page 36 - It must be conceded that there are such rights in every free government beyond the control of the State. A government which recognized no such rights, which held the lives, the liberty, and the property of its citizens subject at all times to the absolute disposition and unlimited control of even the most democratic depository of power, is after all but a despotism.
Page 210 - Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
Page 105 - The repugnancy of the law of Delaware to the constitution is placed entirely on its repugnancy to the power to regulate commerce with foreign nations and among the several states ; a power which has not been so exercised as to affect the question.