Gibbons V. Ogden (1824) Essay - 967 Words

In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s â€Å"founding fathers† and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his†¦show more content†¦The Act regulated the entrance of free Negroes crossing into South Carolina. Later, in 1823, it was declared unconstitutional. nbsp;nbsp;nbsp;nbsp;nbsp;Marshall eyed the Negro Seamen Act closely. What was this commerce, which the Federal Government had the reserved right to regulate? It consisted of interstate trade, but what did that equate to? He decided that commerce was not only trade, but also transportation and anything else that occurred with it. Therefore, commerce was the trading and transportation of goods and property. nbsp;nbsp;nbsp;nbsp;nbsp;The recent events in South Carolina made the Supreme Court uneasy, however. Slaves were considered property to be bought and sold by trading in the South. The Southern states felt they could regulate this trade. Yet, the right to regulate commerce and trade was a right reserved for only federal control, not the States, as described in the Constitution. Henceforth, if Marshall and the Supreme Court ruled that Federal Law was supreme to govern interstate commerce in the case of Gibbons, it would also give the Federal Government the right to regulate slavery. Slavery had been the hotly debated issue ever since the country had been formed, and would be its undoing. Marshall knew this. He had to avoid the slavery-based sectionalism, while at the same time ruling that Federal Law was supreme. If he did not correctly leave the States their rights, they would possibly succeed from theShow MoreRelatedGibbons V. Ogden (1824)989 Words   |  4 Pagessuch as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government. Aaron Ogden, a captain of a ship passing through New York State to trade with other states, was stopped one evening by Thomas Gibbons. He addressed Ogden to cede his shipRead MoreGibbons V Ogden ( 1824 )1007 Words   |  5 PagesGibbons v Ogden (1824) In 1807, Aaron Ogden purchased exclusive rights to operate steamboats between New York City and New Jersey from Mr Fulton and Mr Livingston. These exclusive rights had been granted by the state of New York. When Thomas Gibbons operated steamboats in Ogden’s route in 1819, Ogden sued Gibbons. This case eventually went to the Supreme Court . The Supreme Court ruled in favour of Gibbons, since his right to operate a steamboat on that route was protected by an act of CongressRead MoreImplied Powers of Congress954 Words   |  4 Pagesmight prevent them from fulfilling the duties that fall under their scope of responsibility. For this reason, this clause is sometimes also referred to as the â€Å"elastic clause†. A perfect example of the need for this clause can be seen in McCulloch v. Maryland (1819). In 1816 Congress established a national bank to try and help control the unregulated currency issued by state banks. The state of Maryland did not think that this was constitutionally acceptable and issued a tax on all banks not charteredRead MoreThe Issue Of National Supremacy985 Words   |  4 Pagesnational supremacy is one that is addressed through several cases decided by the Marshall Court. McCullough v. Maryland (1819) and Gibbons v. Ogden (1824) are two of the most important cases concerning national supre macy that came to the Supreme Court during John Marshall s time as chief justice. While McCullough deals with the right of the federal government to create its own bank, Gibbons deals with the right of the federal government to regulate interstate and foreign commerce. National supremacyRead MoreGibbons V. Ogden. Gibbons1082 Words   |  5 PagesGibbons v. Ogden Gibbons v. Ogden was a landmark decision in which the United States Supreme Court held that power to regulate interstate commerce. It was given to congress by the commerce clause of the constitution. It was led by Chief Justice John Marshall. The debate in Gibbons concerned contending cases of adversary steamship establishments. The condition of New York gave Aaron Ogden a select permit to work steamboat ships between New Jersey and New York City on the Hudson River. Thomas GibbonsRead MoreExpansion Of Federal Power : The United States1546 Words   |  7 PagesMarshall s most important cases, Gibbons v. Ogden vastly expanded the Commerce Clause (Smith, pg. 315). The case of Gibbons v. Ogden in 1824 allowed Congress to interpret their powers to regulate any type of commerce that went through state lines including modes of transportation.  The lawsuit was filed by Aaron Ogden and he claimed that Thomas Gibbons did not have the rights to take his steamships down the same path that he took his down on the Hudson River.   Gibbons argued that he had the rights toRead MoreThe Federal Government1353 Words   |  6 Pagesthe digression of law making (Legislation branch). In Gibbons v. Ogden (1824), United States v. E.C. Knight Company (1895), Muller v. Oregon (1908), Hammer v. Dagenhart (1918), National Labor Relations Board v. Jones Laughlin Steel Corp. (1937), and Heart of Atlanta Motel, Inc. v. United States et al. (1964), I will illustrate how they change the way in which commerce power is handle within the federal government. The case Gibbons v. Ogden (1824) was a question of interstate regulation of steamboatsRead MorePowers of the United States Congress as Established by the Constitution694 Words   |  3 Pagesmajority of its powers are set forth in Article I. The first of Congress enumerated powers is its authority to regulate commerce among the several states. Since first being addressed by the U.S. Supreme Court in the landmark case of Gibbons v. Ogden (Gibbons v. Ogden, 1824) the power of Congress to engage itself in the operation of interstate commerce has been expanded, over time, to the point where Congress power to regulate commerce now includes any activities that substantially affects interstateRead MoreThe Supreme Court And Chief Justice Essay1670 Words   |  7 PagesJustice John Marshall establish the principle of â€Å"judicial review?† Explain the doctrine and its genesis and discuss two major Supreme Court cases since 2000 that have reinforced judicial authority over the States using this principle. In 1803, Marbury v. Madison established a concept known as â€Å"judicial review†. Supreme Court Chief Justice John Marshall stated â€Å"the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void....It is emphatically theRead More John Marshall Essay1814 Words   |  8 PagesThe overall influence of the Supreme Court under John Marshall can be understood through the five main court cases over which he presided; Marbury v. Madison (1803), Fletcher v. Peck (1810), Dartmouth College v. Woodward (1819), McCulloch v. Maryland (1819), and Gibbons v. Ogden (1824). The first significant case Marshall was faced with was Marbury v. Madison in 1803. In the last few days of his presidency, John Adams appointed members of the Federalist Party to the new offices he created within