—the court said, with reference to certain state quarantine regulations (at p. 257):-• "What. is a proper quarantine law-what a proper inspection law in regard to cattle-has not been declared. Under the guise of either a regulation of commerce will not be permitted. Any pretence or masquerade will be disregarded and the true purpose of a statute ascertained."

—the Court, by a margin of 6 to 3, saw no infirmity in Texas quarantine regulations prohibiting the importation of cattle from Louisiana.

—much less, one would suppose, may they exclude subjects which have been inspected under the laws of Congress and for which a permit has been officially granted; they must not tax articles of interstate commerce for the benefit of the State treasury; they must not prohibit transportation through the State of any Texas, Mexican, Cherokee, or Indian cattle; they must not " …

There is precedent recognizing that states can prohibit, without violating the Commerce Clause, importation of items that would bring in and spread disease, pestilence, and death, or are unfit for human use or consumption.

—upholding quarantine regulations established by Governor on recommendation of livestock commission, in pursuance of Tex.

That the states, subject to the paramount power of Congress, may properly impose 364 Constitutional Law quarantine laws or embargoes directed against the shipment into the state of diseased cattle is well established.

In a 1904 case, the Court upheld a quarantine order banning the import of all cattle from Louisiana based on the state sanitation commission' s speculation that anthrax “is liable to break out in the State

It has also been said in favor of the validity of the state laws that "a statute of Kansas, however, which made any person who shall drive or ship into the state, any cattle liable or capable of communicating Texas, splenetic or Spanish fever to any domestic cattle of the state liable for damages,'was held not to be a regulation of commerce. It was also held that the statute was …

Yet the Court's basic approach of specifying an area of interstate commerce from which state regulations were precluded, regardless of benefit to local interests, remained the same.

[CITATION] Journal of Land Use & Environmental Law

[BOOK] The Constitution of the United States of America: Analysis and …