Brief Fact Summary.
Synopsis of Rule of Law.
Congress, invested with the power to regulate commerce among the several states, may regulate the commerce of carrying lottery tickets from one state to another.
The constitutional provision is no tax or duty shall be laid on articles exported from any State.View Full Point of Law
The Federal Lottery Act was applied to a carrier who shipped lottery tickets from Texas to California. The carrier argued that this cannot be constitutionally regulated by Congress.
May Congress regulate shipment of lottery tickets from one state to another?
Yes. Lottery tickets are subjects of commerce and the regulation of the carriage of such tickets between states is a regulation of commerce among the several states.
The power of Congress to regulate is plenary, complete in itself, and subject to no limitations except the Tenth Amendment. Here, Congress does not assume to interfere with traffic or commerce in lottery tickets carried on exclusively within the limits of any state, but only commerce among the several states.