Summary

Portrait of Samuel Freeman Miller Samuel Freeman Miller Cook v. Pennsylvania — Opinion of the Court

If certain States could exercise the unlimited power of taxing all the merchandise which passes from the port of New York through those States to the consumers in the great West, or could tax-as has been done until recently-every person who sought the seaboard through the railroads within their jurisdiction, the Constitution would have failed to effect one of the most important purposes for which it was adopted.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Cook v. Pennsylvania — Opinion of the Court

The Congress of the United States is granted the power to regulate commerce with foreign nations in precisely the same language as it is that among the States. If a tax assessed by a State injuriously discrimination against the products of a State of the Union is forbidden by the Constitution, a similar tax against goods imported from a foreign State is equally forbidden.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Cook v. Pennsylvania — Opinion of the Court

But it is argued that the authority of the auctioneer to make any sales is derived from the State, and that the State can, therefore, impose upon him a tax for the privilege conferred, and that the mode adopted by the statute of measuring that tax is within the power of the State. That being a tax on him for the right or privilege to sell at auction, it is not a tax on the article sold, that the amount of the sales made by him is made the measure of the tax on that privilege.
Source: Wikisource

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