ipl-logo

Supreme Court Case Study Of Gibbons V. Ogden (1824)

886 Words4 Pages

Gibbons v. Ogden (1824) In 1803, New York State passed a law giving two men the exclusive rights to operate steamboats in New York waters. “ Navigating all boats that that might be propelled by steam, on all waters within the territory, or jurisdiction of the State, for the term of twenty years” (US National Archives & Records Administration n.d.). Later transferring the exclusive license to New Yorker Aaron Ogden. At the same time New Jersey’s own Thomas Gibbons operated a steamboat from New Jersey to New York with a federal license and soon was competing with each other. However, this local dispute of an outdated means of transportation not only defined the commerce powers granted under the Constitution then, but it has lasting social, economic …show more content…

Webster argued the Constitution was design to settle such economic disputes between states. Allowing concurrent laws to conflict would be dangerous and contagious if not handled by the federal government. Attorney Writ supported the federal supremacy over these states was enumerated in the Constitution. Gibbons’ steamboats operated “among several states” (US National Archives & Records Administration n.d.), and the Commerce Clause states, “ Congress shall have the power to regulate commerce with foreign nations, and among several States, and with Indian tribes” (US National Archives & Records Administration n.d.). Gibbons’ steamboats in fact operated in New Jersey and in New York; therefore it aptly applied in this situation. While, New York Attorney’s Thomas Oakley and Thomas Addis Emmet argued for Ogden that the operation was within New York’s borders. Further, they argued that licensing steamboats was within their jurisdiction as a State. New York law permitted the licensing and navigational acts within its border. This was a permissible concurrent power of the States, just like the taxing power was permitted (Cox 2009, 67). So, the licensing was legal and the “among several States” (oyez.org n.d.)was not implacable in this

Show More
Related

  • Gibbons Vs Ogden Case Study

    300 Words  | 2 Pages

    One of the very first trails that would gravely expand the powers of Congress through one single clause, the Commerce Clause, would have to be the Gibbons vs. Ogden case, which took place in circa 1824. The dispute began due to the fact that the state of New York gave Aaron Ogden a state license that allowed him to operate his steamboat ferries between New Jersey and New York. Conflicts emerged, since Thomas Gibbons, who received his license from the federal government, also operated his ferries along the same route. Both men believed that their own license was superior to the other. This dispute then made its way to the Supreme Court.

    Read More

  • How Did The Eire Canal Build The American Transportation System

    584 Words  | 3 Pages

    With the creation of systems such as steamboats and the Eire Canal, urban systems expanding appearing all over areas such as the Mississippi River. The Eire Canal allowed the Atlantic Ocean to be connected directly to the Great Lakes through New York and Albany, which in turn allowed them to be connected to the Mississippi. The Mississippi and the Great Lakes were already existing natural landscapes, but the creation of the new transportation system of the Eire Canal imposed a new geography to them, allowing them to become a central backbone to the American Transportation system. Transportation choices, such as the Eire Canal, allow the American transportation system to avoid constraints provided by natural landscapes, and fully take advantage of their opportunities. One example of this was the steamboat sublime, which removed the constraints on the Mississippi River that limited the movement of vessels to be only able to travel downstream.

    Read More

  • Differences Between Virginia And Kentucky Resolutions

    856 Words  | 4 Pages

    The Virginia and Kentucky resolutions as explained by Madison and Jefferson respectively were aimed at expressing the support for the United States constitution, as well as the constitution of these states . These resolutions were also aimed at safeguarding the constitutions of these two states, as well as the act of Congress against all forms of foreign and internal aggression. These resolutions contradict with the excerpt from the proclamation on nullification by Andrew Jackson. Here, a declaration was made to nullify some parts of the Acts of the US Congress that imposed duties and imposts on all imported foreign goods. The proclamation made it clear that these parts of the US Congress Acts were a violation of the true meaning and intent

    Read More

  • Film Analysis: The Return Of Cuyahoga River

    1701 Words  | 7 Pages

    After watching the movie, “The Return of Cuyahoga River” I was blown away by all of the history, facts, ignorance, and activism displayed in this film. There was so much information packed into this documentary. Information about this 100-mile long river that curves north and then south as it u’s along Lake Erie, and how in “1827 U.S. citizens changed the Cuyahoga River for the first time.” It was originally a swampy marsh infested with mosquitos and caused problems for the city of Cleveland Ohio. Cleveland was a small lazy town until the mouth of the river was widened by humans allowing for mercantile boats to pass by their town.

    Read More

  • State Rights And South Carolina Argumentative Analysis

    312 Words  | 2 Pages

    constitution that allows “to protect domestic producers from foreign competitors” (Hummel 15). The South in general did not like the idea of federal government denying state rights and South Carolina backed by John C. Calhoun nullified this tariff by calling it unconstitutional, oppressive, and unjust (Hummel 15). State rights go hand and hand with slavery and new territories into the Union at the time. Slavery increasingly divided the nation after the war of 1812. This made it very hard for states entering the union to decide to be either a free state or a slave state.

    Read More

  • Purpose Of The Sherman Act

    787 Words  | 4 Pages

    Week 7 Application In 1890 the Sherman Act was form it was a federal anti-monopoly and anti-trust statute that prohibited activities that restricted interstate commerce and competition in the marketplace. The purpose of the Sherman Act was to prevent larger companies from gaining control and forming trusts to in the competition. But, because the Sherman Act was used in reverse against the labor unions to dismantle the unions it was eventually abandoned (Johnson.2001). The evolution of the Sherman Act has provided a guide to the Courts to find the appropriate jurisdictional balance for its general Commerce Clause.

    Read More

  • Founding Fathers Motives

    961 Words  | 4 Pages

    “ The southerner’s, on the other hand were afraid that Congressional control over commerce would lead to the exclusion of slaves or their excessive taxation as imports” (p. 811), this shows the argument of big versus small states and the economic debate that took place during the proceedings during the constitutional conventions. Upon reviewing all of the available information it is apparent that while Webb’s hypothesis is convincing in some areas it is not

    Read More

  • Essay On The Commerce Clause

    684 Words  | 3 Pages

    A landmark case Gibbons vs. Ogden, the chief justice ruled that the power to regulate interstate commerce also included the power to regulate interstate navigation. Within its decision of the courts the

    Read More

  • The Erie Canal Region

    1228 Words  | 5 Pages

    The Erie Canal region is used as a microcosm to determine the different changes in geography, environment, government, and the economy. The middle class had demanded, and influenced, a change in the way that trade worked the period before the civil war. With this change came the import of new/scarce foods that New Yorkers typically didn 't have access to such as oysters. The transformation of this region as a result of the Erie Canal is organized around six topics, each of which is covered by a chapter. Governor DeWitt Clinton was the pioneer who led this expedition in an effort to show the public that he was dedicated to technological progress for the people of the north.

    Read More

  • The Case Of State Of Georgia V. Marcus Dixon

    954 Words  | 4 Pages

    State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.

    Read More

  • Robert Fulton: The New US Economy

    361 Words  | 2 Pages

    The new US economy improved filled or change because of new inventions that support the economy. One of those who contributed to this was Robert Fulton, who launched the Seine a ship whose propeller was a wheel with paddles, driven by a steam engine, was poorly received in France, and Fulton continued their experiments in the United States, in 1807 boat their vapor Clermont. Subsequent improvements such as triple and quadruple expansion boiler managed to tackle one of the major drawbacks of propulsion for steam coal. In this way was achieved an energy efficiency much higher. These improvements reflected in higher throughput and lower consumption made the vapors do with virtually all the trade routes.

    Read More

  • Analysis Of Rowell V. State 666 So. 2d 830

    572 Words  | 3 Pages

    Analysis of Rowell v. STATE 666 So.2d 830, 831 (1995) Level of Court: Supreme Court of Alabama/Alabama Criminal Court of Appeals Facts: Manuel Dee Rowell was arrested for illegal possession of cocaine following a police search of an automobile co-owned by him and a friend who has recently passed away. At the time of his death he has pending cocaine charges against him. The search that was conducted after his death was under a proper search warrant. During the search a matchbox containing crack cocaine under the carpet of the floor on the driver’s side, along with $800 in cash hidden in a boot in the trunk of the car. At the time of arrest Rowell was wearing a telephone pager.

    Read More

  • Compare And Contrast Mcculloch And Gibbons V Ogden

    718 Words  | 3 Pages

    In the McCulloch v. Maryland case, Congress stated how Maryland did not have the right nor the power to tax the second bank created, and Marylands tax was unconstitutional. Congress gained a little more power concerning States rights. In the Gibbons v. Ogden case widened the horizons for Congress and gave them more power. This case gave Congress the ability to control

    Read More

  • How Did Cornelius Vanderbilt Build A Ferry Business

    926 Words  | 4 Pages

    Cornelius Vanderbilt was born on May 27, 1794, in Port Richmond area of Staten Island, New York. He was born into a poor family; owning a small farm with his illiterate father working the land and being a ferryman. Providing low level transportation services. Cornelius then dropped out of his education at age 11 to go work for his father to support his family in the farm and at the waterfront. As he was working with boats and as well as the sea; it was from that point on that Cornelius had an interest in the shipping business.

    Read More

  • Gratwick V. Johnson Case Analysis

    1665 Words  | 7 Pages

    In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.

    Read More

More about Supreme Court Case Study Of Gibbons V. Ogden (1824)

Open Document