An Introduction to the Constitutional Law of the United States Especially Desi
An Introduction to the Constitutional Law of the United States Especially Desi
John Norton Pomeroy
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Mr. Justice Nelson agreed witli Cliief Justice Taney and Catron, J. Mr. Justice Woodbury more nearly agreed with Daniel, J. He seems to have argued that the judgment in Brown v. ]\Iaryland was wrong ; that states have the power to pass laws which place a restriction upon the introduction even of foreign goods. § 357. In reviewing these extraordinary License Cases, it is plain that the court did not overrule the former decisions of Gibbons v. Ogden and Brown v. Maryland. On the other hand, it wo...uld appear that five of the justices, Taney, Ca-, tron, Daniel, Nelson, and Woodbury, concurred in the prop- osition that it requires, at least, a statute of Congress, passed in pursuance of the general grant of power in the Consti- tution, to inhibit the state legislatures from enacting laws THE POWER TO REGULATE COMMERCE. 297 which reguhite commerce ; while two of the justices, McLean and Giier, did not adopt this view. Two, Daniel and Wood- bury, pushed their conclusions much further; and two, Wayne and McKinley, were absent, or tooiv no part in the decision.
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