Gibbons v. Ogden · ¶53

If this inference were correct; if this power was exercised, not under any particular clause in the constitution, but in virtue of a general right over the subject of commerce, to exist as long as the constitution itself, it might now be exercised. Any State might now import African slaves into its own territory. But it is obvious, that the power of the States over this subject, previous to the year 1808, constitutes an exception to the power of Congress to regulate commerce, and the exception is expressed in such words, as to manifest clearly the intention to continue the pre-existing right of the States to admit or exclude, for a limited period. The words are, “ the migration or importation of such persons as any of the States, now existing, shall think proper to admit, shall e pro ited by the Congress prior to the year lo08. The whole object of the exception is,- to preserve the…

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