ence. The four dissenting Justices in the Lottery Case (decided
in 1903) endorsed this view in the following words: "It is argued that
the power to regulate commerce among the several States is the same as
the power to regulate commerce with foreign nations, and among the
Indian tribes. But is its scope the same? * * *, the power to regulate
commerce with foreign nations and the power to regulate interstate
commerce, are to be taken _diverso intuitu_, for the latter was intended
to secure equality and freedom in commercial intercourse as between the
States, not to permit the creation of impediments to such intercourse;
while the former clothes Congress with that power over international
commerce, pertaining to a sovereign nation in its intercourse with
foreign nations, and subject, generally speaking, to no implied or
reserved power in the States. The laws which would be necessary and
proper in the one case, would not be necessary or proper in the other.
* * * But that does not challenge the legislative power of a sovereign
nation to exclude foreign persons or commodities, or place an embargo,
perhaps not permanent, upon foreign ships or manufactures. * * * The
same view must be taken as to commerce with Indian tribes. There is no
reservation of police powers or any other to a foreign nation or to an
Indian tribe, and the scope of the power is not the same as that over
interstate commerce."[330]

And twelve years later Chief Justice White, speaking for the Court,
expressed the same view, as follows: "In the argument reference is made
to decisions of this court dealing with the subject of the power of
Congress to regulate interstate commerce, but the very postulate upon
which the authority of Congress to absolutely prohibit foreign
importations as expounded by the decisions of this court rests is the
broad distinction which exists between the two powers and therefore the
cases cited and many more which might be cited announcing the principles
which they uphold have obviously no relation to the question in
hand."[331]

But dicta to the contrary are much more numerous and span a far longer
period of time. Thus Chief Justice Taney wrote in 1847: "The power to
regulate commerce among the several States is granted to Congress in the
same clause, and by the same words, as the power to regulate commerce
with foreign nations, and is coextensive with it."[332] And nearly fifty
years later Justice Field, speaking for the Court, s