Why do so many American constitutions have anti-monopoly clauses?
The Boston Tea Party was a demonstration against a government transportation monopoly that triggered a war. To preempt wars, Constitutions Divided Sovereignty between:
- The people for all liberties not enumerated as sacrificed.
- The Federal government for issues of war.
- The State governments for issues of crimes, civil disputes, commerce, and internal improvements:
"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State."
What are the anti-monopoly clauses?
- Examples of State Constitutions, reportedly 34 State Constitutions have such a clause:
- Arkansas: Article 2, Bill of Rights, § 19. "Perpetuities and monopolies. Perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed; nor shall any hereditary emoluments, privileges or honors ever be granted or conferred in this State."
- Georgia: Article I, Bill of Rights, Section VI, Paragraph V: “Shall not have the power to authorize any contract or agreement which may have the effect of or which is intended to have the effect of encouraging a monopoly, which is hereby declared to be unlawful and void.”
- Maryland: Article. 41. "That monopolies are odious, contrary to the spirit of a free government and the principles of commerce, and ought not to be suffered."
- Massachusetts, Article 6: "No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges."
- North Carolina: Article 1, Sec. 34. Perpetuities and monopolies. "Perpetuities and monopolies are contrary to the genius of a free state and shall not be allowed."
- Oklahoma: Article II, Bill of Rights, SECTION II-32. "Perpetuities and monopolies are contrary to the genius of a free government, and shall never be allowed, nor shall the law of primogeniture or entailments ever be in force in this State."
- Wyoming: Art. 1, § 30. Monopolies and perpetuities prohibited. "Perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed. Corporations being creatures of the state, endowed for the public good with a portion of its sovereign powers, must be subject to its control."