ional, it should not be followed.

No express grant of this power is found in the Constitution. Its
advocates have differed among themselves as to the source from which it
is derived as an incident. In the progress of the discussions upon this
subject the power to regulate commerce seems now to be chiefly relied
upon, especially in reference to the improvement of harbors and rivers.

In relation to the regulation of commerce, the language of the grant in
the Constitution is:

Congress shall have power to regulate commerce with foreign nations,
and among the several States, and with the Indian tribes.

That to "regulate commerce" does not mean to make a road, or dig a
canal, or clear out a river, or deepen a harbor would seem to be obvious
to the common understanding. To "regulate" admits or affirms the
preexistence of the thing to be regulated. In this case it presupposes
the existence of commerce, and, of course, the means by which and the
channels through which commerce is carried on. It confers no creative
power; it only assumes control over that which may have been brought
into existence through other agencies, such as State legislation and the
industry and enterprise of individuals. If the definition of the word
"regulate" is to include the provision of means to carry on commerce,
then have Congress not only power to deepen harbors, clear out rivers,
dig canals, and make roads, but also to build ships, railroad cars, and
other vehicles, all of which are necessary to commerce. There is no
middle ground. If the power to regulate can be legitimately construed
into a power to create or facilitate, then not only the bays and
harbors, but the roads and canals and all the means of transporting
merchandise among the several States, are put at the disposition of
Congress. This power to regulate commerce was construed and exercised
immediately after the adoption of the Constitution, and has been
exercised to the present day, by prescribing general rules by which
commerce should be conducted. With foreign nations it has been regulated
by treaties defining the rights of citizens and subjects, as well as by
acts of Congress imposing duties and restrictions embracing vessels,
seamen, cargoes, and passengers. It has been regulated among the States
by acts of Congress relating to the coasting trade and the vessels
employed therein, and for the better security of passengers in vessels
propelled by steam, and by the removal