The Commerce Clause of the Federal Constitution and Two Recent Cases Dealing with It

Authors

S. S. Gregory

Abstract

In the historic case of M'Culloch v. Maryland, CHIEF Justice Marshall said, referring to the Federal Government: "This government is acknowledged by all to be one of enumerated powers. The principle that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted, but the question respecting the extent of the powers actually granted is perpetually arising and will probably continue to arise as long as our system shall exist." It did not require a high order of prophetic power to be able to make this forecast. Chesterfield says in substance and says truly-"There have been misers of money but none of power." The Federal Government today exercises powers of a variety and extent which were not dreamed of by the framers of the Constitution.

Recommended Citation

S. S. Gregory, The Commerce Clause of the Federal Constitution and Two Recent Cases Dealing with It, 5 Mich. L. Rev. 419 (1907).
Available at: https://repository.law.umich.edu/mlr/vol5/iss6/2