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CHAPTER XXXII

INTERSTATE AND FOREIGN COMMERCE
The commerce clause: its importance-Commerce de-
fined: transportation essential-The instrumentali-
ties of commerce-Commerce embraces water navi-
gation-Transportation of persons is commerce—
Bills of exchange not articles of commerce-Insurance
not commerce-Lotteries-Bearing of the lottery de-
cision on insurance International Text Book Co. v.
Pigg-Commerce does not include the production of
the commodities transported-Intent to export not
controlling-Interstate commerce includes the sale of
the articles imported-The original package doctrine
-Exclusiveness of Federal control over interstate
commerce-Gibbons v. Ogden-The police powers of
the States and commerce-State regulation of inter-
state trains-State inspection laws-The States may
absolutely exclude from their borders only such arti-
cles as are intrinsically not merchantable or not legiti-
mate articles of commerce-Liquor legislation-The
Wilson Act Oleomargarine cases-The States and
foreign corporations doing an interstate commerce
business-Foreign corporations "doing business"
within the States-State taxation and interstate and
foreign commerce-State taxation of articles of com-
merce State taxation of goods in transit-State
taxation of persons in transit-Taxation of property
of interstate carriers-State taxation of receipts from
interstate commerce-Charter provisions-Taxation
of capital stock of interstate commerce companies—
State regulation of carriers-State regulation of rail-
way rates-Routes running outside the State but
with both terminals within the State.

CHAPTER XXXIII

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231

FEDERAL LEGISLATIVE POWER OVER INTERSTATE COMMERCE 267
Federal legislation-Federal police regulations—Prohibi-
tion of interstate commerce—The Federal Employers'
Liability Law of 1906—Regulation of interstate rail-
road rates-The Federal Anti-trust Act-The Federal
control of corporations under the commerce clause-

DUE PROCESS OF LAW

CHAPTER XXXVI

Due process of law: Definition of-Due process and sub-
stantive rights-Life-Liberty-Police power defined
-Equal protection of the law-Obligations of con-
tracts.

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333

CHAPTER XXXVII

PROHIBITIONS LAID UPON THE STATES

Bills of credit-Ex post facto legislation-Equal protection
of the law-Illustrative cases arising under the equal
protection clause-Classifications-Equal protection
requires similar but not the same privileges.

CHAPTER XXXVIII

THE OBLIGATION OF CONTRACTS
The obligation of contract clause-What constitutes a con-
tract-Charters of public corporations-Charters of
private corporations are contracts: The Dartmouth
College case-Charter grants strictly construed—The
police power and the obligation of contracts-Tax
exemptions—Construction of contracts-Force of
State decisions.

CHAPTER XXXIX

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CONSTITUTIONAL LIMITATIONS UPON THE TAXING POWERS OF
THE STATES
Constitutional provisions-State taxation of Federal gov-
ernmental agencies-Property of Federal agencies may
be taxed-State taxation of Federal property-State
taxation of Federal securities-Federal taxation of
State agencies-Federal taxation of State documents
-Federal exercise of eminent domain in the States-
Special assessments-Taxes and special assessments
distinguished-Constitutional requirements of special
assessments-Special assessments in excess of bene-
fits-Property taxed must be within the jurisdiction
of the State Taxation of tangible personal property
-Taxation of property situated in several jurisdic-

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