The topic of discussion for this Constitution Monday
comes from Article I. Section 10, Clause 3:
"No State shall, without the Consent of Congress, lay any Duty of
tonnage [on ships]. This provision in
the Constitution allowed all ports to compete equally for business unless
designated otherwise by Congress.
"A duty on tonnage was a tax on the cubical
capacity of a ship. It was designed to
cover the cost of dredging out the harbor, building breakwaters, and putting in
piling for the construction of piers.
Obviously, it would be to the advantage of the federal government to
assist those ports which were needed for naval operations or acted as military
bases. In all other cases they were to
be treated equally" (W. Cleon Skousen in The Making of America - The Substance3 and Meaning of the Constitution,
p 503).
"The Framers of the Constitution had little
difficulty seeing that combinations among the states, or any foreign-affairs
activities undertaken by the states, were so fraught with danger to the union,
that none should be allowed unless Congress consented. Comparable prohibitions had already been
contained in the Articles of Confederation, but the Framers chose somewhat
stronger language in the Constitution to assure national supremacy in foreign
affairs and in relations among the states.
The provisions caused no significant debate at the Constitutional
Convention…" (Michael S. Greve in The
Heritage Guide to the Constitution, p. 178).
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