The power conferred upon congress by the above clause is exclusive, so far as it relates to matters within its purview which are national in their character, and admit of a requisite uniformity of regulation affect ing all the states. That clause was adopt ed In order to secure such uniformity against discriminating state legislation.
Such power is not restricted by state au thority; Pembina Consol. Silver Min. & Mill. Co. v. Pennsylvania, 125 U. S. 181, 8 Sup. Ct. 737, 31 L. Ed. 650; but a state statute, which conflicts with the actual exercise of the powers of congress, must give way to the supremacy of the national authority; Smith v. Alabama, 124 U. S. 465, 8 Sup. Ct. 564, 31 L. Ed. 508.
The power to regulate commerce with the Indian tribes which is included in the commerce clause may cover sales and trans portation entirely within a state; U. S. v. Holliday, 3 Wall. (U. S.) 407, 18 L. Ed. 182 (which was outside of any reservation); or by an Indian to another; U. S. v. Shaw Mux, 2 Sawy. 364, Fed. Cas. 16,268 ; but not a sale to an Indian who had acquired .citizenship ; In re Heir, 197 U. S. 488, 25 Sup. Ct. 506, 49 L. Ed. 848; and see Far rell v. U. S., 110 Fed. 942, 49 C. C. A. 183, which must be considered as overruled by the Supreme Court case. Under the protec tion of this clause a state tax on goods of a trader with the Indians was void ; Foster v. Board of County Com'rs, 7 Minn. 140 {Gil. 84); but a contract between a state and Indians was not ; In re Narragansett In dians, 20 R. I. 715, 40 Atl. 347.
The Constitutional Power of Regulation. The power of congress to regulate foreign commerce is complete in itself and no in dividual has a vested right to trade with foreign nations otherwise than subject to the power of congress to determine what and on what terms articles may be import ed; Buttfield v. Stranahan, 192 U. S. 470, 24 Sup. Ct. 349, 48 L. Ed. 525 ; while every instrumentality of domestic commerce is sub ject to state control, every instrumentality of interstate commerce may be reached and controlled by national authority, so far as to compel it to respect the rules for such commerce lawfully established by congress; Northern Securities Co. v. U. S., 193 U. S.
350, 24 Sup. Ct. 436, 48 L. Ed. 679.
The right to carry on interstate commerce is not derived from the state but is a con stitutional right of every citizen of the United States, and congress alone can limit the right of corporations to engage in it; Western Union Telegraph Co. v. Kansas, 216 U. S. 1, 30 Sup. Ct. 190, 54 L. Ed. 355; Ludwig v. Telegraph Co., 216 U. S. 146, 30 Sup. Ct. 280, 54 L. Ed. 423; Pullman Co. v. Kansas, 216 U. S. 56, 30 Sup. 'Ct. 232, 54 L. Ed. 378, where it was also held that a company doing interstate business does not require permission of the state to enter it.
The power of congress over interstate commerce includes not only imposing regu lations but insuring their efficiency; Second Employers' Liability Cases, 223 U. S. 1, 32 Sup. Ct. 169, 56 L. Ed. 327, 38 L. 11. (N. S.) 44.
In the Second Employers' Liability Case, 223 U. S. 1, 46, 32 Sup. Ct. 169, 56 L. Ed. 327, 38 L. R. A. (N. S.) 44 (opinion by Van De vanter, J.), the court enunciated six distinct propositions as baying become "so firmly settled as no longer to be open to dispute," with respect to the construction and enforce ment of the federal power to regulate inter state commerce and to enact such legisla tion as might be necessary for that purpose : "1. The term 'commerce' comprehends more than the mere exchange of goods. It embraces commercial intercourse in all its branches, including transportation of pas sengers and property by common carriers, whether carried on by water or by land.
"2. The phrase 'among the several states' marks the distinction, for the purpose of governmental regulation, between commerce which concerns two or more states and com merce which is confined to a single state and does not affect other states, the power to regulate the former being conferred upon congress and the regulation of the latter re maining with the states severally.
"3. `To regulate,' in the sense intended, is, to foster, protect, control and restrain, with appropriate regard for the welfare of those who are immediately concerned and of the public at large.