Word: states
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Dates: during 1890-1899
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Question: "Resolved, That each state has the right to prohibit the sale of oleomargarine within its limits...
...Each state has the constitutional right to prohibit the sale of any article which it considers harmful to the public: Cooley's Const. Limit. p. 741. - (a) The Constitution gives the states all powers not granted to Congress: Const.- Amend. Art. X. - (b) Police powers not granted to Congress. - (c) Amendment XIV does not affect the states' power, "for the protection of health, prevention of fraud, and the preservation of public morals": Powell vs. Penna. 127 U.S. 678; Kansas v. Ziebold...
...manufacture and sale of any oleaginous substances designed to take the place of butter may be forbidden, though it is healthful and marked 'oleomargarine butter' ": Cooley p. 741, note 1; Powell vs. Penna. - (a) The state is the sole judge as to the dangerous and fraudulent quality of any article. - (1) Provisions of Amendment...
...Such a statute conflicts with Art 1, Sec. 8, S 3, of the Constitution, viz: "The Congress shall have power to regulate commerce with foreign nations and among the several states." - (a) Prohibition of sale of imported articles interferes with this power. - (1) Sale is an essential part of commerce: Pomeroy 285. Brown v. Maryland, 12 Wheat 410. - (b) States have not full concurrent power over such commerce. - (1) Constitution, itself, makes it exclusive with commerce: Gibbons v. Ogden, 9 Wheat 1; Pomeroy, 280. - (x) No analogy with concurrent power of taxation. - (2) Best theory of Constitutional construction is that...
President and Fellows of Harvard College. Meeting at No. 50 State St., Boston...