The Two-Edged Sword: Slavery and the Commerce Clause, 1837-1852

Abstract

Between 1837 and 1852, the Supreme Court under Chief Justice Roger B. Taney was severly divided over the scope of national authority to regulate interstate commerce. Although the Taney Court decided only one case that directly involved the question of slavery and interstate commerce (Groves v. Slaughter), the purpose of this paper is to explore the Court's treatment of interstate commerce during this period and the influence of the growing slavery controversy on that treatment.