1.   Whether it is so or not is a question of construction of the particular statute concerned.

2.   Why is a particular statute regarded as valid?

3.   The court must first determine whether the particular statute gave rise to the right to sue for damages.

4.   Thus, the general principle is that one must look to the particular taxing statute.

5.   In sum, a holding that the particular statute before us falls within the commerce power would not expand the scope of that Clause.

6.   It always arises, of course, in an individual case involving a particular statute, as do most questions of law.

7.   Of course the text of a particular statute could make clear that the phrase is being used in a peculiar sense.