Term paper, essay, research paper on GIBBONS V.S. OGDEN

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The Supreme Court case of Gibbons vs. Ogden has had a positive influence in the United States modern commerce. The case has an everlasting impact on travel, trade, and also, since it plays such an important role in the Gibbons vs. Ogden case, navigation. Had this not been explained, and reviewed by John Marshall, presiding Chief Justice, and the rest of the Supreme Court, modern day chaos would rage through our nations waters.

"Article 1, Section 8 of the United States Constitution gives congress the power to regulate Commerce with foreign Nations and among the several States, and with Indian Tribes." (Patrick, p.76)

The conflict over this article, and a need for it to be defined was the basis for the appellate case of Gibbons vs. Ogden.

The entire case developed in 1807 when Robert Fulton navigated a steamboat between Albany and New York City. New York decided that there would be a monopoly delegated to Fulton, and his partner. This gave him complete control over navigation of all New York waters. This right was sold to Aaron Ogden.

The way in which the federal government got involved was, by granting a license to another steamboat proprietor, Thomas Gibbons. This license entitled him to run ships in the Hudson River, which was supposedly, exclusively Aaron Ogden's. "Competition between Gibbons and Ogden became fierce" (Patrick, p.128)

Ogden brought up a New York court case, which he eventually won. Gibbons however wouldn't stand for it. "Gibbons argued that under the Constitution. Congress had complete power to regulate interstate commerce. Therefore, his federal license to operate steamboats remained valid despite the ruling of the New York State Court." (Patrick, p.128) Ogden had said that that was true for goods, but did not include navigation.

The Supreme Court had to decide if it was within the federal government's power to have control of navigation. Also did states have power of there internal waters? The decision was one that remains crucial today. They decided that yes, the government could, and would control navigation. The second was not decided at the time of the trial. Gibbons won and was able to navigate his boats in the governments, not Ogden's waters between New York and New Jersey.

Had the Supreme Court ruled differently, suits would be filed between states every day, our industry never would have flourished, and quite possibly, we could have fallen behind in the world as a country.

Bibliography

1. Curti, M. & Todd, L.P. Triumph of the American Nation. Handen, CT: Harcourt Brase Jovanovich, Publishers, 1986.

2. K, Kermit (ED) The Oxford Companion to the Supreme Court of The United States. New York, New York: Oxford University Press, 1969.

3. Patrick, J. J. Supreme Court of the United States. New York, New York: Oxford University Press, 1967.

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