Gibbons v. Ogden · ¶49

No direct general power over these objects is granted to Congress; and, consequently, they remain subject to State legislation. If the legislative;power of the Union can reach them, it must be for national purposes; it must be where the power is expressly given for a special purpose, pi* is clearly incidental to some power which is express] y. given. It is obvious, that the government of the Union, in the exercise of.its express powers, that, for example, of regulating commerce with foreign nations and among the States, mayase means that may also be employed by a State, irf the exercise Of its acknowledged powers; that, for example, of regulating commerce within the State. If Congress license vessels to sail from one port to another, in the same State, the act is supposed to be, necessarily, incidental to the power expressly granted to Congress, and implies no claim of a direct power to…

U. S. Reports, bound volume
U. S. Reports, volume 22, at 1 (Library of Congress) · transcription: Caselaw Access Project
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