19世紀アメリカにおける州際通商問題 : アメリカ国内市場論の再検討

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  • Some problems regarding interstate commerce in nineteenth century America : a reconsideration of the expansion of the national market of the United States
  • 19セイキ アメリカ ニ オケル シュウ サイ ツウショウ モンダイ アメリカ コクナイ シジョウロン ノ サイケントウ

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Up till now, it has been accepted that one factor sustaining the rapid economic growth of the United States was the existence of section 1 of the U.S. Constitution prohibiting tariffs on interstate commerce. The decision on Gibbons v. Ogden (1824) seems to be regarded as the final settlement of the problem of tariffs on interstate commerce, but in fact, although similar cases continued to appear frequently, they have been ignored. Despite the prohibition of tariffs, states continued to impose tariffs on goods from other states even after Gibbons v. Ogden, in order to protect their industries. This tendency grew even stronger after the Civil War, when there was a rapid development in interstate commerce due to the expansion of railroad traffic. Each state could impose taxes upon out-of-state products by virtue of the police power retained by the state government and acknowledged by the U.S. Supreme Court. However, the Supreme Court gradually came to interpret the constitution more strictly, and from the 1870s, increasingly confined the extent of the use of police power. Finally, in a series of cases between big business and individual states, it supported the former by ruling that the use of police powers to restrict the entry of out-of-state products was unconstitutional.

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