Gibbons v. Ogden · ¶132

Tiiis section contains the positive restrictions imposed by the constitution upon State power. The first clause of it, specifies those powers which the States are precluded from exercising, even though the Congress were to permit them. The second, those which the States may exercise with the consent of Congress. And here the sedulous attention to the subject of State exclusion* from commercial power, is strongly marked. Not satisfied with the express grant to the United States of the power over commerce, this clause negatives the exercise of that power to the States, as to the only two objects which could ever tempt them, to assume the exercise of that power,‘to wit, the collection of a revenue from imposts and duties on imports and exports; or from a tonnage, duty. As to imposts on imports or exports, sucha revenue might have been aimed at directly, by express legislation, or…

U. S. Reports, bound volume
U. S. Reports, volume 22, at 1 (Library of Congress) · transcription: Caselaw Access Project
Passage preview. Read in context for the complete text, notes and references.