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Supreme Court· 1/14/1889

Stoutenburgh v. Hennick

Citations

  • 129 U.S. 141
  • 9 S. Ct. 256
  • 32 L. Ed. 637
  • 1889 U.S. LEXIS 1671

Syllabus

<p>Tinder the authority conferred upon Congress by § 8, Article I, of the Constitution, “to make all laws which shall be necessary or proper for carrying into execution” the power “to exercise exclusive legislation in all cases whatsoever over” the District of Columbia, Congress.may constitute the District “ a body corporate for municipal purposes,” but can only authorize it to exorcise municipal powers.</p> <p>The Act of the Legislative Assembly of the District of Columbia of August 28, 1871, as amended June 20, 1872, relating to license taxes on persons engaging in trade, business or profession within the District, was intended to be a regulation of a purely municipal character-; but nevertheless the provision in clause 8, of § 21, which required commercial agents, engaged in offering merchandise for sale by sample, to take out and pay for such a license, is a regulation of interstate commerce, so far as applicable .to persons soliciting the sale of goods on behalf of individuals or firms doing business outside of the District, and it was not within the constitutional power of Congress to delegate to that legislature authority to enact a clause with such a provision, nor did it in fact do so in a grant of power for municipal purposes.</p> <p>Bobbins v. Shelby County Taxing District, 120 U. S. 489, and Asher v. Texas, 128 U. S. 129, affirmed.</p> <p>The repeal or modification by Congress of clauses in a legislative act of th.. District of Columbia, which are separable and separably operative, is no ratification of another clause in it, equally separable and separably operative, which it was beyond the delegated or constitutional power of the Legislature of the District to enact.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the District of Columbia was a state within the meaning of the Commerce Clause
  • holding that Congress did not purport to delegate to the local government of the District the power to regulate interstate commerce but arguably proceeding on the assumption that the District is a state within the meaning of the Commerce Clause
  • noting that the District Clause grants Congress “the combined powers of a general and of a state government in all cases where legislation is possible”
  • noting that the District Clause grants Congress “the combined powers of a general and of a state government in all cases where legislation is possible”
  • stating that, under the District Clause, Congress “possess[es] the combined powers of a general and of a state government in all cases where legislation is possible” (emphasis added)
  • stating that, under the District Clause, Congress “possess[es] the combined powers of a general and of a state government in all cases where legislation is possible” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Fullee, Miller

Read full opinion on CourtListener

Cited by

95 cases in this archive cite this case; the 20 most cited are listed.

Cites

3 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

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