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Encyclopedia > Gibbons v. Ogden
Gibbons v. Ogden
Supreme Court of the United States
Argued February 4, 1824
Decided March 2, 1824
Full case name: Thomas Gibbons, Appellant v. Aaron Ogden, Respondent
Citations: 22 U.S. 1; 22 U.S. (9 Wheat.) 1; 16 L. Ed. 23; 1824 U.S. LEXIS 370
Prior history: Appeal from the Court for the Trial of Impeachments and Correction of Errors of the State of New York
Holding
Judgment of the New York courts was reversed.
Court membership
Chief Justice: John Marshall
Associate Justices: Bushrod Washington, William Johnson, Thomas Todd, Gabriel Duvall, Joseph Story, Smith Thompson
Case opinions
Majority by: Marshall
Joined by: Washington, Todd, Duvall, Story, Thompson
Concurrence by: Johnson
Laws applied
U.S. Const. art. I

Gibbons v. Ogden, 22 U.S. 1 (1824)[1], was a case in which the Supreme Court of the United States held that the power to regulate interstate navigation was granted to Congress by the Commerce Clause of the Constitution. Image File history File links Seal_of_the_United_States_Supreme_Court. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym... John Marshall (September 24, 1755 – July 6, 1835) was an American statesman and jurist who shaped American constitutional law and made the Supreme Court a center of power. ... External link Biography from the OYEZ Project Categories: People stubs | 1762 births | 1829 deaths | U.S. Supreme Court justices ... Categories: People stubs | U.S. Supreme Court justices | 1771 births | 1834 deaths ... Categories: People stubs | U.S. Supreme Court justices | 1765 births | 1826 deaths ... Gabriel Duval (1752 - 1844) was a U.S. jurist. ... American jurist Joseph Story Joseph Story (September 18, 1779 - September 10, 1845), American jurist, was born at Marblehead, Massachusetts. ... Smith Thompson (January 17, 1768 - December 18, 1843) was a United States Supreme Court Associate Justice from 1823 until his death in 1843. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... 1824 was a leap year starting on Thursday (see link for calendar). ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, reads as follows:The Congress shall have Power . ...


The case was argued by some of America's most famous and capable attorneys at the time. Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while William Wirt and Daniel Webster, argued for Gibbons. Thomas Addis Emmet (April 24, 1764-November 14, 1827), Irish lawyer and politician, was senior member of the revolutionary republican group, the [[United Irishmen in the 1790s. ... Thomas Jackson Oakley (November 10, 1783 - May 11, 1857) was a United States Representative and New York State Attorney General. ... William Wirt (November 8, 1772 – February 18, 1834) was an American author and statesman who is credited with turning the position of United States Attorney General into one of influence. ... Daniel Webster (January 18, 1782 – October 24, 1852), was a leading American statesman during the nations antebellum era. ...


The case arose from an attempt by the State of New York to grant a monopoly of steamboat operation between New York and neighboring New Jersey. Robert Fulton and Robert Livingston were granted such exclusive rights. They licensed the New Jersey operator Aaron Ogden, formerly a U.S. Senator and Governor of New Jersey, to operate the ferry between New York City and Elizabeth Point in New Jersey. Thomas Gibbons was operating a competing ferry service which had been licensed by a 1793 act of Congress regulating the coasting trade. Ogden obtained an injunction from a New York court against Gibbons to keep him out of New York waters, maintaining that navigation was a distinct form of commerce, and was thus a legitimate area of state regulation. Gibbons then sued for entry into the state, and the case was appealed to the United States Supreme Court. “NY” redirects here. ... A monopoly (from the Greek language monos, one + polein, to sell) is defined as a persistent market situation where there is only one provider of a product or service, in other words a firm that has no competitors in its industry. ... For other uses, see Steamboat (disambiguation). ... “NJ” redirects here. ... For other persons named Robert Fulton, see Robert Fulton (disambiguation). ... Robert Livingston was the name of several men, many of whom were members of a prominent family that effectively ran New York throughout the colonial and Federal periods. ... A license or licence is a document or agreement giving permission to do something. ... Aaron Ogden Aaron Ogden (December 3, 1756-April 19, 1839) was a United States Senator and Governor of New Jersey. ... Type Upper House President of the Senate Richard B. Cheney, R since January 20, 2001 President pro tempore Robert C. Byrd, D since January 4, 2007 Members 100 Political groups Democratic Party Republican Party Last elections November 7, 2006 Meeting place Senate Chamber United States Capitol Washington, DC United States... Jon Corzine 54th Governor of New Jersey; Incumbent Christine Christie Todd Whitman, the first female governor of New Jersey The Governor of New Jersey is the chief executive of the U.S. state of New Jersey. ... New York, New York and NYC redirect here. ... Look up Injunction in Wiktionary, the free dictionary. ...


The Court found in favor of Gibbons, stating that "The mind can scarcely conceive a system for regulating commerce between nations which shall exclude all laws concerning navigation." The ruling determined that "a Congressional power to regulate navigation is as expressly granted as if that term had been added to the word 'commerce'." Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political...


The Court went on to conclude that Congressional power over commerce should extend to the regulation of all aspects of it, overriding state law to the contrary:

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 government, having in its constitution the same restrictions on the exercise of the power as are found in the Constitution of the United States.

The broader interpretation of Congressional power established by Gibbons v. Ogden survived until 1895, when the court began to limit Congressional power in the case of United States v. E. C. Knight Co., 156 U.S. 1 (1895). Although this marked the start of a 40 year period of history during which the commerce clause was limited in scope, during the 1930s and from then until at least the 1990s, the Supreme Court returned to its broad view of the commerce clause originally established in Gibbons. Holding Manufacturing is not considered an area that can be regulated by Congress pursuant to the commerce clause. ... Year 1895 (MDCCCXCV) was a common year starting on Tuesday (link will display full calendar) of the Gregorian calendar (or a common year starting on Sunday of the 12-day-slower Julian calendar). ...

Contents

Opinion excerpts

♦Defining what the power to “regulate Commerce” is:

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. (emphasis added)

♦In interpreting the power of Congress as to commerce “among the several states”:

The word “among” means intermingled with. A thing which is among others, is intermingled with them. Commerce among the States, cannot stop at the external boundary line of each State, but may be introduced into the interior….Comprehensive as the word “among” is, it may very properly be restricted to that commerce which concerns more States than one.

♦Defining how far the power of Congress extends:

The power of Congress, then, comprehends navigation, within the limits of every State in the Union; so far as that navigation may be, in any manner, connected with “commerce with foreign nations, or among the several States.”

The ICC, a commission set up in the aftermath of the Ogden decision, has recently been disbanded. ICC may refer to: // ICC Bank, Ireland ICC Productions, hip-hop record label International Chamber of Commerce, supporting global trade and globalisation Internet Chess Club, a commercial Internet site on which to play chess International Christian Communications Media Group International Code Council Membership association dedicated to building safety and fire...


See also

This is a list of all the United States Supreme Court cases from volume 22: Gibbons v. ...

References

  1. ^ 22 U.S. 1 Full text of the opinion courtesy of Findlaw.com.
  • Jean Edward Smith, John Marshall: Definer Of A Nation, New York: Henry Holt & Company, 1996.
  • Jean Edward Smith, The Constitution And American Foreign Policy, St. Paul, MN: West Publishing Company, 1989.

Jean Edward Smith is an accomplished educator and biographer having authored such works as Grant, John Marshall: Definer of a Nation, and Presently he is the John Marshall Professor of Political Science at Marshall University. ... Jean Edward Smith is an accomplished educator and biographer having authored such works as Grant, John Marshall: Definer of a Nation, and Presently he is the John Marshall Professor of Political Science at Marshall University. ...

External link

  • Justia and Northwestern Oyez - Full Text of the Decision and Case Resources

 
 

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