District Court in the western district of Oklahoma on August 22, charging that Oklahoma's statute, which became law on July 1, violates two existing federal laws -- the Interstate Commerce Commission
Termination Act and the Federal Railroad Safety Act.
By far the biggest problem of invalid results arose with "interstate commerce" searches, stemming from the fact that the term "Interstate Commerce Commission
" (ICC) and related terms such as "the interstate commerce law," "the interstate commerce act," "the committee on interstate commerce," or "interstate commerce committee" began to occur with great frequency within a few years after the ICC was established in 1887, (55) because the Commission itself was frequently a party before the Court for decades in hundreds of cases.
Moreover, as the administrative state began to develop late in the 19th century, arguments were constantly made that agencies such as the Interstate Commerce Commission
had to accomplish their legitimate objectives within our constitutional framework.
As one who has spent the better part of a career teaching regulation, doing research in the area, and being employed in government regulation, I was surprised to learn that the federal government's first major foray into regulation was not associated with the Office of the Comptroller of Currency in 1863 or with the formation of the Interstate Commerce Commission
in 1887, but with the creation of the Steamship Inspection Service in the Treasury Department in 1852.
Congress can do for internet entrepreneurs and internet consumers is to send the FCC out to pasture as it did with the Civil Aeronautics Board, which regulated the airline industry, and the Interstate Commerce Commission
, which regulated the trucking industry.
Part of the original federal Interstate Commerce Commission
law was named "the Mercer" authority, which described oilfield hauling.
(41) The passage of the Act, however, did not result in a dramatic change as expected because the Interstate Commerce Commission
(ICC) subsequently acknowledged the notion of "separate but equal" that had been embraced by the federal courts.
Second, the FTC Act's legislative history evidences a congressional belief that the FTC would have powers akin to that of the Interstate Commerce Commission
. (20) Shortly before the Senate took up the FTC Act, the Supreme Court handed down its landmark decision in the Shreveport Rate Case, holding that the ICC enjoyed preemptive power over inconsistent state regulations.
In 1887, Congress responded to the agitation by creating the Interstate Commerce Commission
Circuit to get the assignment to write the opinion in cases involving the Federal Energy Regulatory Commission or the Interstate Commerce Commission
. Although his colleagues on the Circuit must have appreciated his enthusiasm for such cases, some of his clerks at first did not.
Elkins had written to five eminent men inviting them to advise the committee on two constitutional questions: 1) "Can the Congress delegate to a subordinate tribunal, like the Interstate Commerce Commission
, the legislative power to fix railroad rates?" 2) "Would the ICC be allowed to manage the problem of rate differentials" that the public (especially farmers) complained of for having to pay higher rates for the short-haul of their commodities compared to the lower rates that manufactures paid for long-hauls in their distribution.