American Constitutional Law: Introductory Essays & Selected Cases

By Alpheus Thomas Mason; William M. Beaney | Go to book overview

includes the regulation of navigation, we consider settled. And when we look to the nature of the service performed by pilots, to the relations which that service and its compensations bear to navigation between the several states, and between the ports of the United States and foreign countries, we are brought to the conclusion, that the regulation of the qualifications of pilots, of the modes and times of offering and rendering their services, of the responsibilities which shall rest upon them, of the powers they shall possess, of the compensation they may demand, and of the penalties by which their rights and duties may be enforced, do constitute regulations of navigation, and consequently of commerce, within the just meaning of this clause of the Constitution.

The power to regulate navigation is the power to prescribe rules in conformity with which navigation must be carried on. It extends to the persons who conduct it, as well as to the instruments used. Accordingly, the first Congress assembled under the Constitution passed laws requiring the masters of ships and vessels of the United States to be citizens of the United States, and established many rules for the government and regulation of officers and seamen. . . . These have been from time to time added to and changed, and we are not aware that their validity has been questioned. . . .

The act of 1789. . . already referred to, contains a clear legislative exposition of the Constitution by the first Congress, to the effect that the power to regulate pilots was conferred on Congress by the Constitution; as does also the act of March the 2d, 1837, the terms of which have just been given. The weight to be allowed to this contemporaneous construction, and the practice of Congress under it, has, in another connection, been adverted to. And a majority of the court are of opinion that a regulation of pilots is a regulation of commerce, within the grant to Congress of the commercial power, contained in the third clause of the eighth section of the first article of the Constitution.

It becomes necessary, therefore, to consider whether this law of Pennsylvania, being a regulation of commerce, is valid.

The act of Congress of the 7th of August, 1789, sect. 4, is as follows:

"That all pilots in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the states, respectively, wherein such pilots may be, or with such laws as the states may respectively hereafter enact for the purpose, until further legislative provision shall be made by Congress."

If the law of Pennsylvania, now in question, had been in existence at the date of this act of Congress, we might hold it to have been adopted by Congress, and thus made a law of the United States, and so valid. Because this act does, in effect, give the force of an act of Congress, to the then existing state laws on this subject, so long as they should continue unrepealed by the state which enacted them.

But the law on which these actions are founded was not enacted till 1803. What effect then can be attributed to so much of the act of 1789, as declares, that pilots shall continue to be regulated in conformity "with such laws as the states may respectively hereafter enact for the purpose, until further legislative provision shall be made by Congress"?

If the states were divested of the power to legislate on this subject by the grant of the commercial power to Congress, it is plain this act could not confer upon them power thus to legislate. If the Constitution excluded the states

-202-

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American Constitutional Law: Introductory Essays & Selected Cases
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Source Materials ix
  • Contents xi
  • One - The Constitution, the Supreme Court, and Judicial Review 3
  • Marbury V. Madison 30
  • Eakin V. Raub 34
  • Cohens V. Virginia 39
  • Luther V. Borden 46
  • Coleman V. Miller 50
  • Colegrove V. Green 55
  • Yakus V. United States 57
  • Two - Congress, the Court, and the President 62
  • Mississippi V. Johnson 75
  • Mcgrain V. Daugherty 77
  • Hampton & Co. V. United States 81
  • Panama Refining Co. V. Ryan 85
  • Opp Cotton Mills V. Administrator 89
  • The Prize Cases 91
  • Myers V. United States 96
  • Humphrey's Executor V. United States 102
  • Ex Parte Grossman 105
  • United States V. Curtiss-Wright 108
  • Youngstown Co. V. Sawyer 112
  • Three - Federalism 120
  • Chisholm V. Georgia 135
  • Texas V. White 142
  • Mcculloch V. Maryland 146
  • Collector V. Day 158
  • Helvering V. Gerhardt 162
  • Graves V. New York Ex Rel. O'Keefe 164
  • New York V. United States 168
  • Ex Parte Siebold 174
  • Missouri V. Holland 176
  • Four - Commerce Power and State Power 178
  • Gibbons V. Ogden 193
  • Cooley V. Board of Wardens 202
  • Brown V. Maryland 206
  • Brown V. Houston 211
  • United States V. South-Eastern Underwriters Association 213
  • Leisy V. Hardin 221
  • Plumley V. Massachusetts 224
  • Best & Co. V. Maxwell 228
  • Henneford V. Silas Mason Co. 230
  • Parker V. Brown 232
  • Southern Pacific Co. V. Arizona 235
  • Hood V. Dumond 239
  • Morgan V. Virginia 245
  • Five - Congressional Power Under the Commerce Clause 248
  • United States V. E. C. Knight 266
  • Champion V. Ames the Lottery Case) 271
  • The Shreveport Case (houston, E. & W. Texas Ry. Co. V. United States) 276
  • Hammer V. Dagenhart 278
  • Stafford V. Wallace 282
  • Schechter Poultry Corporation V. United States 284
  • Carter V. Carter Coal Co. 290
  • National Labor Relations Board V. Jones & Laughlin Steel Corporation 297
  • Mulford V. Smith 303
  • United States V. Darby 305
  • Wickard V. Filburn 308
  • Six - National Taxing and Spending Power 311
  • Hylton V. United States 319
  • Pollock V. Farmers' Loan and Trust Company (rehearing) 321
  • Mccray V. United States 326
  • Bailey V. Drexel Furniture Company (child Labor Tax Case) 328
  • United States V. Butler 330
  • Steward Machine Co. V. Davis 337
  • Seven - The Contract Clause and State Police Power 343
  • Calder V. Bull 355
  • Dartmouth College V. Woodward 360
  • Charles River Bridge V. Warren Bridge 365
  • Stone V. Mississippi 372
  • Home Building & Loan Association V. Blaisdell 373
  • Eight - The Development of Due Process 380
  • Slaughterhouse Cases 389
  • Munn V. Illinois 397
  • Mugler V. Kansas? 404
  • Chicago, Milwaukee and St. Paul Railway Co. V. Minnesota 408
  • Nine - The Application of Due Process After 1890 411
  • Lochner V. New York 424
  • Bunting V. Oregon 429
  • Block V. Hirsh 430
  • Green V. Frazier 434
  • Wolff Packing Co. V. Court of Industrial Relations 437
  • Adkins V. Children's Hospital 439
  • Nebbia V. New York 446
  • West Coast Hotel Co. V. Parrish 450
  • Ten - Equal Protection of Laws 454
  • Civil Rights Cases 465
  • Plessy V. Ferguson 472
  • Truax V. Raich 476
  • Truax V. Corrigan 479
  • Liggett Co. V. Lee 485
  • United States V. Classic 490
  • Smith V. Allwright 494
  • Sweatt V. Painter 498
  • Brown V. Topeka Briggs V. Elliott Davis V. Prince Edward County Bolling V. Sharpe Gebhart V. Belton - The Public School Segregation Cases 501
  • Eleven - Civil LIberties -- Criminal Procedure 505
  • Hurtado V. California 514
  • Olmstead V. United States 521
  • Powell V. Alabama 525
  • Palko V. Connecticut 530
  • Chambers V. Florida 532
  • Adamson V. California 535
  • United States V. Rabinowitz 542
  • Ex Parte Milligan 546
  • In Re Yamashita 551
  • Twelve - Civil LIberties -- the First Amendment Freedoms 558
  • Schenck V. United States 571
  • Meyer V. Nebraska 572
  • Gitlow V. New York 574
  • Whitney V. California 580
  • Near V. Minnesota 585
  • Cantwell V. Connecticut 590
  • Minersville School District V. Gobitis 593
  • Korematsu V. United States 602
  • Mccollum V. Board of Education 607
  • Zorach V. Clauson 612
  • Terminiello V. Chicago 616
  • American Communications Association V. Douds 622
  • Dennis V. United States 631
  • Appendix - The Constitution of the United States of America 643
  • Justices of the Supreme Court: 1789-1954 660
  • Table of Cases 663
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