Monday, December 2, 2019

Court cases establishing that transportation funding by the national government is constitutional.

This adds to a point made throughout the semester.

- Wilson v Shaw.

. . . plaintiff contends that the government has no power to engage anywhere in the work of constructing a railroad or canal. The decisions of this court are adverse to this contention. In California v. Central P. R. Co. 127 U.S. 1, 39 , 32 S. L. ed. 150, 157, 2 Inters. Com. Rep. 153, 160, 8 Sup. Ct. Rep. 1073, 1080, it was said:

'It cannot at the present day be doubted that Congress, under the power to regulate commerce among the several states, as well as to provide for postal accommodations and [204 U.S. 24, 34] military exigencies, had authority to pass these laws. The power to construct, or to authorize individuals or corporations to construct, national highways and bridges from state to state, is essential to the complete control and regulation of interstate commerce. Without authority in Congress to establish and maintain such highways and bridges, it would be without authority to regulate one of the most important adjuncts of commerce. This power in former times was exerted to a very limited extent, the Cumberland or National road being the most notable instance. Its exertion was but little called for, as commerce was then mostly conducted by water, and many of our statesmen entertained doubts as to the existence of the power to establish ways of communication by land. But since, in consequence of the expansion of the country, the multiplication of its products, and the invention of railroads and locomotion by steam, land transportation has so vastly increased, a sounder consideration of the subject has prevailed and led to the conclusion that Congress has plenary power over the whole subject. Of course the authority of Congress over the territories of the United States, and its power to grant franchises exercisable therein, are, and ever have been, undoubted. But the wider power was very freely exercised, and much to the general satisfaction, in the creation of the vast system of railroads connecting the East with the Pacific, traversing states as well as territories, and employing the agency of state as well as Federal corporations.

For more:
https://en.wikipedia.org/wiki/Rural_Free_Delivery

https://en.wikipedia.org/wiki/Federal_Aid_Road_Act_of_1916