John Ogden Pros And Cons

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As time passes, so does society’s progress in technology and science. Mankind has had multiple achievements in the last century that has contributed greatly to the people of today. In the highest law of the land, the Constitution, it gives Congress an opportunity to stretch out its powers. Our founding fathers found this to be an extremely important part of the Constitution. The United States has made an enormous change from the 1700’s to the 2000’s. Like our way of dressing, transportation, and even speaking. They knew that the United States of America would not stay the same, and therefore created the elastic clause which allowed them to have a loose interpretation of the Constitution.
The elastic clause is found in the Constitution under
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Ogden. In 1807, Robert Fulton invented the steamboat and it was able to be used as a transportation method on rivers. Since a new system of transporting was on the rise two men were quick to obtain a license to cross various bodies of water. One of these men was, Aaron Ogden got a license from the State of New York to travel between New york City and the Jersey Shore. He was a steamboat operator and he would run his steamer between New Jersey and New York City. He bought a franchise from Fulton. Ogden decided to have Thomas Gibbons as a partner in that franchise. Gibbons was also a steamboat operator. Their partnership wouldn’t last long. Gibbons began a dispute towards Ogden because of a license that he had. Ogden had an “exclusive license to operate steam boat ferries between New Jersey and New York City on the Hudson River.” Gibbons began to think that Ogden was challenging him. Gibbons wasn’t able to have access to the Hudson Bay, and therefore he sued Ogden. In other words, this was a problem between the national and state government. Ogden received state permission, and Gibbons received federal permission. So in the end it depended on which one has the highest power. Gibbons and Ogden took the case to the Supreme Court. When it was brought to the Supreme Court’s attention, they cited Article 1 Section 8 which was under the elastic clause. They used the commerce clause which gives Congress the

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