Life, Liberty, & the Pursuit of Happiness Digital Textbook. Also, the word “among” meant "intermingled with” or cases in which one or more states had an active interest in the commerce involved. Gibbons v. Ogden, 22 U.S. (9 Wheat.) #620 Arlington, VA 22201, New! And Gibbons had a license from the federal government to operate a steamboat through interstate waterways. The Court held that “commerce” is the actual trade of commodities, including the commercial transportation of commodities using navigation. The Court held that the Constitution gave this power to Congress. In his opinion, Chief Justice John Marshall provided a clear definition of the word “commerce” and the meaning of the term, “among the several states” in the Commerce Clause. Though the Commerce Clause gave Congress some power over commerce, it was unclear just how much. The constitutional question was: Who has the power to regulate navigation on interstate waterways, Congress or the states? Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while U.S. Attorney General William Wirt and Danie… Meaning and Applications, Federalism and the United States Constitution, United States v. Lopez: The Case and Its Impact, Biography of John Marshall, Influential Supreme Court Justice, U.S. Constitution - Article I, Section 10, The Original Jurisdiction of the US Supreme Court. Since New York required all out-of-state operators to get expensive permits (protecting Ogden from competition), Ogden figured he would be doing good business. Citation22 U.S. 1, 9 Wheat. The opinion, written by Chief Justice John Marshall, focused on the meaning of the Commerce Clause in Article I, Section 8 of the Constitution, which states that Congress has the power “[t]o regulate Commerce with foreign Nations, and among the several States…” The word “among,” the Court ruled, “may very properly be restricted to that commerce which concerns more States than one.”, The Court acknowledged that the Constitution did not expressly grant Congress the power to regulate navigation on interstate waterways. For example, do you ever buy things that were made in other states? Ogden argued that the license granted to him by the New York monopoly was valid and enforceable even though he operated his boats on shared, interstate waters. The Articles of Confederation had left the national government virtually powerless to enact policies or regulations dealing with the actions of the states. Oregon v. Mitchell: Supreme Court Case, Arguments, Impact, The Civil Rights Act of 1866: History and Impact. Statement of the facts: Both Gibbons (Plaintiff) and Ogden (Defendant) operated steamboats in New York in an effort to regulate coastal trade.

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