United States v. Dewitt
Supreme Court of the United States
On certificate of division in opinion between the judges of the Circuit Court for the Eastern District of Michigan) the case being this: Section 29 of the act of March 2d, 1867,* declares, “ That no pei*son shall mix for sale naphtha and illuminating oils, or shall knowingly sell or keep for sale, or offer for sale such mixture, or shall sell or offer for sale oil made from petroleum for illuminating purposes, inflammable at less temperature or fire-test than 110 degrees…
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On certificate of division in opinion between the judges of the Circuit Court for the Eastern District of Michigan) the case being this: Section 29 of the act of March 2d, 1867,* declares, “ That no pei*son shall mix for sale naphtha and illuminating oils, or shall knowingly sell or keep for sale, or offer for sale such mixture, or shall sell or offer for sale oil made from petroleum for illuminating purposes, inflammable at less temperature or fire-test than 110 degrees Fahrenheit; and any person so doing, shall be held to be guilty of a misdemeanor, and on conviction thereof by indictment…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
The questions certified resolve themselves into this: Has Congress power, under the Constitution, to prohibit trade within the limits of a State?
That Congress has power to regulate commerce with foreign nations and among the' several States, and with the Indian tribes, the Constitution expressly declares. But this express grant of power to regulate commerce among the States has always been understood as limited by its terms; and as a virtual denial of any power to interfere with the internal trade and business of the separate States; except,…
2Cited by79 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- Mugler v. KansasSupreme Court of the United States · 1887
- Wickard v. FilburnSupreme Court of the United States · 1942
- Tennessee v. DavisSupreme Court of the United States · 1880
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
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