Gibbons vs Ogden

Commerce of the several states vs commerce of US difference

Among the several states- boundaries US- interior and exterior

Which two terms had to be clearly defined to decide this case?

Commerce; among the several states

What argument did Gibbons use to support his license to operate steamboats?

Congress had national power over interstate commerce according to Article 1 Section 8 of the Constitution and to argue otherwise would result in confusing and contradictory local regulatory policies.

Which interpretation did he go with?

Could Congress regulate only the actual passing of goods over state borders or did the commerce clause allow congress to regulate activiy within states?

Why was this an important issue to settle?

If not, it would be almost impossible to run a business.

How did Marshall define commerce

Not only the buying and selling of goods, but also to commercial intercourse including navigation.

Gibbons v. Ogden (1824)

Regulating interstate commerce is a power reserved to the federal government

Who issued the license to Aaron Ogden?

State of New York

What argument did Ogden use to support his license to operate steamboats?

States often pass laws on issues regarding interstate matters and the states should have fully concurrent power with Congress on matters concerning interstate commerce.

Who issued the license to Thomas Gibbons?

The Federal Government

Why did the writers of the Constitution include the Commerce Clause?

To address this issue; to make it easier to run a business

What did Marshall say was wrong with letting the states regulate commerce the way they did under the Constitution?

To allow the federal government to regulate commerce in order to avoid embarrassing and destructive consequences for so many states.

E pluribus unum has what to do with Marshalls argument?

all the states together as one

What is the situation in which Congress can't regulate commerce?

doesn't have another state involved

How did Marshall define "among the several states"

intermingled with

E pluribus unum

out of many, one

What was unclear about the Commerce Clause?

rules