John Marshall : Complete Constitutional Decisions, Ed. With Annotations Historical, Critical And Legal
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545; 3 U. S. Laws, p. 126. 447 Gibbons v. Ogden. -ment to conform to and assist in the execution of the quarantine and health laws of a State, , ., . . , ., .1 ii i. Congress may control proceed, it is said, upon the idea that state laws so far as *■ may be necessary for these laws are constitutional. It is the regulation of com- merce. undoubtedly true that they do proceed upon that idea ; and the constitutionality of such laws has never, so far as we are informed, been denied. But they do not... imply an acknowledgment that a State may rightfully regulate commerce with foreign nations, or among the States ; for they do not imply that such laws are an exercise of that power, or enacted with a view to it. On the contrary, they are treated as quarantine and health laws, are so denominated in the acts of Congress, and are considered as flowing from the acknowledged power of a State to provide for the health of its citizens. But as it was apparent that some of the provisions made for this purpose, and in virtue of this power, might in- terfere with, and be affected by, the laws of the United States made for the regulation of commerce, Congress, in that spirit of harmony and conciliation which ought always to characterize the conduct of governments stand- ing in the relation which that of the TJnion and those of the States bear to each other, has directed its oiHcers to aid in the execution of these laws; and has, in some measure, adapted its own legislation to this object, by making provisions in aid of those of the States.
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