Gibbons Vs Ogden Case Study

This act would forbid any U.S. ship to sail from an U.S. port to a foreign port. In developing this act, Jefferson had hoped to find an alternating from war. The act failed. American coastal cities were soon desolated. All segments of the American economy were being affected by this act. The paralysis effect on the American economy accompanied by the almost unaffected economy of Great Britain led to only one thing, the American people were turning against one another.3 The American leaders learned one thing from this act, the war could not be fought through economic pressure, it would have to be won by military action.

The Navigation Act of 1651 was an attempt to put more control over where and who England could trade with. It was decided that only English ships could carry goods that were going to and from the colonies. The English government was trying to have a close watch on England’s Imports and Exports. This

For example, as directed by the Navigation laws, Virginia tobacco planters who played by the rules could only sell their products to England, even if other countries were offering a higher price. The Americans answer to this was to largely ignore the mercantile system and smuggle their products to other ports.

     Marshall eyed the Negro Seamen Act closely. What was this commerce, which the Federal Government had the reserved right to regulate? It consisted of interstate trade, but what did that equate to? He decided that commerce was not only trade, but also transportation and anything else that occurred with it. Therefore, commerce was the trading and transportation of goods and property.

Gibbons v. Ogden was a landmark decision in which the United States Supreme Court held that power to regulate interstate commerce. It was given to congress by the commerce clause of the constitution. It was led by Chief Justice John Marshall. The debate in Gibbons concerned contending cases of adversary steamship establishments. The condition of New York gave Aaron Ogden a select permit to work steamboat ships between New Jersey and New York City on the Hudson River. Thomas Gibbons, another steamboat administrator, ran two ships along the same course. Ogden looked for an order against Gibbons in a New York state court, asserting that the state had issued him elite rights to work the course. Accordingly, Gibbons guaranteed he had the privilege to work on the course in accordance with a 1793 demonstration of Congress directing waterfront business. The New York court found for Ogden and requested Gibbons to stop working his steamships; on bid, the New York Supreme Court avowed the request. Gibbons spoke to the U.S. Preeminent Court, which surveyed the case in 1824. John Marshall ruled for Gibbons, holding that New York 's selective award to Ogden disregarded the government authorizing demonstration of 1793. In coming to its choice, the Court deciphered the Commerce Clause of the U.S. Constitution surprisingly. The proviso peruses that "Congress should have energy to manage trade among the few States." According to the Court, "trade" included articles in

21: The impact of the Embargo Act in 1807 was on American shipping and markets,

Next, the Court examined the clause's phrase "commerce among the several States," concluding that the word "among" means "intermingled with." Accordingly, Congress' power to regulate interstate commerce does not "stop at the external boundary line of each State, but may be introduced into the interior." In other words, Congress may pass any law that regulates commerce, so long as that commerce is not wholly confined within a single state, and its power to regulate such commerce is plenary. Under this interpretation of the Commerce Clause, Congress' clearly had the authority to regulate the commercial steamboat route between New York and New Jersey. It was assumed that the licensing act of 1793 did this and that the New York law in question

Throughout an 18-hour period on October 26, 1989, the appellant Marc Creighton, a companion Frank Caddedu and the deceased Kimberley Ann Martin consumed a large quantity of alcohol and cocaine. The afternoon of the following day on October 27, the three planned to share a quantity of cocaine at Ms. Martin’s apartment. The evidence and later testimony indicates that all of the members involved are experienced cocaine users. The appellant acquired 3.5 grams (“an eight-ball”) of cocaine; he did not try to determine the quality or potency of the cocaine before injecting it into himself and Frank Caddedu.

This article, "The Necessary and Proper Clause" also known as "The Elastic Clause," gives Congress the power to broaden its powers and keep Federal balance. Supreme Court Justice Marshall presents an argument that supports Congress' regulation over all commerce. He clearly says, "It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution." Where the Constitution states, "Congress shall have power to regulate commerce with foreign nations, among the several States, and with the Indian tribes," the word "among" means intermixed with. Commerce may concern more than one state, therefore Congress needs to act "within the territorial jurisdiction of the several states" The Supreme Court held that the power of Congress includes navigation within its limits in every State. Any state activity that attempts to regulate interstate commerce is completely unconstitutional because in dealing with interstate commerce, it can be inferred from the Constitution that the Federal government must regulate interstate commerce. The Constitution did not provide states with the power to regulate commerce between states so it is imperative that the federal government intercedes. Although the only

Ch.1: With the Treaty of Paris, the British set up military posts running from the Northern end of Lake Champlain, to Niagara, Detroit, and Michigan Peninsula. The British took the posts because the US failed to live up the treaty terms. In 1784, the Spain closed the lower Mississippi River to the American commerce, and then orders a tariff on US goods. The U.S. made negotiation for commercial treaties and did trade directly with Europe. The Britain excluded the U.S from the imperial trade and received a large quantity of cheap goods. The U.S in the time of depression and the balance of trade made some states print more money between 1785 and 1786. Other states also tried imposing taxes and restricting new issues of money.

Surely this was not the first time this came across the governments mind. In 1803 Ohio joined the union the federal government decided that they should help finance road construction, creating a national road from the Potomac River to the Ohio River was an idea Purposed by Albert Gallatin after being delayed numerous times the construction building of this road begun in 1818. When completed their were high tolls but despite that Conestoga wagons, private carriages also cattle’s were taken across the mountains and cost lower than ever to do so. Subsequent to this there steam powered shipping was expanding quickly. Robert Fulton helped make the steam boat come into a reality even if he did not invent it by 1816 river steamers were going up and down the Mississippi and Ohio River all the way to Pittsburgh being be to hold a greater quantity of cargos than what the flatboats, barges and more all combined together. The river steamers motivate the agricultural economy of the west and the south, contributing much easier access to the markets and allowing the eastern manufactures to send good over to the west. Although the steam boats and the roads are running on good progress there were gaps because when the Britain cut the blockade across the Atlantic the roads started to produce

The decision of the Supreme Court was unified. The court argued that Congress alone had the right to monitor coastal trade. The Court decided that communication is the actual trade of goods. The justices also decided that one or more states had a working hand in the commerce that was in conflict. The Court was dominate in the favor of Gibbons. The actual court decision read: "If, as has always been understood, the sovereignty of Congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations and among the several states is vested in Congress as absolutely as it would be in a single

Carolina was then able to declare the laws of 1828 and 1832 invalid, and prohibited the collection of the tariffs after February of 1833.4

Meanwhile, Thomas Gibbons secured a license from Congress to run two steamships between New York and New Jersey.

The commerce clause, is Article I, Section 8, Clause 3: “To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;” This clause directly states that the National government has the power to control any and all trade with foreign countries, states, and Indian tribes. This strengthens their power because before the Constitution, states could trade with whoever they wanted to, now if any state wants to trade with another state, even their neighboring state, they cannot without the clearance from the national government. Also, mandates have strengthen the federal government as well. A federal mandate, is a law passed by Congress and signed by the President that require acquiescence by the states. These laws also override any state law that is opposing to it. An example of this would be the Americans with Disabilities Act of 1990. This act outlawed and kind of discrimination towards people with disabilities. This action strengthens the federal government because it gives them the authority to put special orders into action without any interruption or dispute from the