"among" serves to demark "the completely internal"
commerce of a State from that which "extends to or affects" other
States, it also serves, as Marshall further pointed out, to emphasize
the fact that "the power of Congress does not stop at the jurisdictional
lines of the several States," but "must be exercised whenever
[wherever?] the subject exists. * * * Commerce among the States must, of
necessity, be commerce [within?] the States. * * * The power of
Congress, then, whatever it may be, must be exercised within the
territorial jurisdiction of the several States."[328]
"REGULATE"
Elucidating this word in his opinion for the Court in Gibbons _v._
Ogden, Chief Justice Marshall said: "We are now arrived at the
inquiry--What is this power? It is the power to regulate; that is, to
prescribe the rule by which commerce is to be governed. This power, like
all others vested in Congress, is complete in itself, may be exercised
to its utmost extent, and acknowledges no limitations, other than are
prescribed in the Constitution. These are expressed in plain terms, and
do not affect the questions which arise in this case, or which have been
discussed at the bar. If, as has always been understood, the sovereignty
of Congress, though limited to specified objects, is plenary as to those
objects, the power over commerce with foreign nations, and among the
several States, is vested in Congress as absolutely as it would be in a
single government, having in its constitution the same restrictions on
the exercise of the power as are found in the Constitution of the United
States. The wisdom and the discretion of Congress, their identity with
the people, and the influence which their constituents possess at
elections, are, in this, as in many other instances, as that, for
example, of declaring war, the sole restraints on which they have
relied, to secure them from its abuse. They are the restraints on which
the people must often rely solely, in all representative
governments."[329]
INTERSTATE VERSUS FOREIGN COMMERCE
There are certain later judicial dicta which urge or suggest that
Congress's power to regulate interstate commerce restrictively is less
than its analogous power over foreign commerce, the argument being that
whereas the latter is a branch of the nation's unlimited power over
foreign relations, the former was conferred upon the National Government
primarily in order to protect freedom of commerce from State
interfer
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