People are articles of commerce, or so the United States Supreme Court held in 1941, emphasizing that the issue was "settled beyond question." At the time, Justice Jackson expressed some discomfort with the theory that "the migrations of a human being... [are] commerce." The Court, however, has not wavered from this analytical position. Indeed, like many legal constructs, it has inspired little reflection. My hope is to search for what Toni Morrison describes as "the shadows of the presence from which the text has fled."" I believe that the Court's nineteenth-century opinions on immigration under the Commerce Clause reveal the shadows of slaves and indentured servants.

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.