Passenger Cases and the Supreme Court

Date: February 7, 1849

Citation: 7 How. (48 U.S.) 283

Issues: Interstate commerce; right to travel

Significance: The Supreme Court banned taxes levied by states on incoming passengers, holding that such taxes directly regulated interstate commerce.

Smith v. Turner and Norris v. Boston, together known as the Passenger Cases, involved New York and Massachusetts taxes on inbound passengers, including citizens of other countries. By a 5-4 vote, a badly divided Supreme Court held that state taxes on alien passengers were direct regulations of interstate commerce and therefore void. Amid the confusion of eight separate opinions, the judges appeared to have decided that people were articles of commerce. The opinions demonstrated how strongly the justices disagreed concerning issues of slavery and federalism. In his dissent, Chief Justice Roger Brooke Taney wrote an influential statement about the right of citizens to travel throughout the country “without interruption.”

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