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To: publiusF27
"Why am I so much better at finding quotations from that man than you are? ;-)"

Finding? I believe that quotation was presented to you on a platter in post #93.

"Yet it is very certain that it grew out of the abuse of the power by the importing States in taxing the non-importing"

Yes, the origin of the interstate Commerce Clause, why it came about, was to stop this kind of abuse

"and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government.

Within the interstate Commerce Clause is the provision for the states themselves to negate and prevent injustice. This provision was given a name by Chief Justice Marshall -- the Dormant (or Negative) Commerce Clause.

It was envisioned by Madison that the states would work out their commerce differences by using this provision, rather than waiting for Congress to pass legislation to correct it. Chief Justice John Marshall affirmed this in his ruling in Willson v. Blackbird Creek Marsh Co., 2 Pet. 245 (1829):

"We do not think that the act empowering the Black Bird Creek Marsh Company to place a dam across the creek, can, under all the circumstances of the case, be considered as repugnant to the power to regulate commerce in its dormant state, or as being in conflict with any law passed on the subject."

162 posted on 10/27/2005 10:07:11 AM PDT by robertpaulsen
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To: robertpaulsen
Finding? I believe that quotation was presented to you on a platter in post #93.

Yeah, and what took him so long to get that to me, anyway? ;-)

(Just for the record, the extra punctuation there at the end is called an "emoticon" and that particular one is supposed to signify a wink, meaning a lighthearded, joking statement preceded it.)

So did you find any quotations which support your point of view yet?

(No emoticon = serious question)
164 posted on 10/27/2005 12:17:27 PM PDT by publiusF27
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