Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Was gibbons v. ogden fair
Was gibbons v. ogden fair
Was gibbons v. ogden fair
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Chief Justice John Marshall was an intelligent man who served in the United States Supreme Court from 1801 until the year 1835. During this time, Marshall heard over 1,000 cases and wrote 519 decisions (Fox). One of the cases he heard took place in 1824, and it’s known as Gibbons v. Ogden. This case is a rather simple one, but an important one nonetheless. A problem arose when two men, named Thomas Gibbons and Aaron Ogden, found out that they were both operating steamboat ferries along the same route. These men had both received permission to operate their steamboats from two different places. Gibbons received permission from the Federal Government, while Ogden had received his from a state government. When the case reached the Supreme Court, …show more content…
Ogden soon found out, however, that a man named Thomas Gibbons already ran two ferries along the same route. Because of this competition, Ogden went to a New York State court to try and get the court to order Gibbons to refrain from operating his ferries. Ogden’s reasoning behind this was that the State of New York had given him a license that allowed him exclusive rights to operate this specific route, meaning Gibbons should not be allowed to run his ferries on the Hudson River. Furthermore, Ogden claimed that Gibbon’s federal coasting license did not include landing rights in New York City (Magruder 800). The New York court agreed with Ogden, and when the case was appealed, the New York Supreme Court also agreed with the previous decision. Gibbons was told to stop operating his …show more content…
Hood & Sons, Inc. v. DuMond. The Hood Company was a Massachusetts company that had three milk-receiving stations in New York. The milk from these facilities was distributed in Boston, Massachusetts. Hood wanted to obtain a license for another receiving station in New York, so he went to Du Mond and asked for permission. Du Mond claimed that Hood could not have this license because a New York law stated licenses couldn’t be given out unless the Commissioner, Du Mond, was “satisfied that the issue would serve the public interest and would not cause destructive competition in a market already adequately served” ("H. P. Hood & Sons, Inc. v. Du Mond."). Basically, DuMond believed that the expansion of Hood’s facilities would reduce the local supply of milk and result in destructive competition ("Hood & Sons Inc. v. DuMond."). Hood claimed this was an unconstitutional “burden on interstate commerce” (“H.P. Hood & Sons, Inc. v. Du Mond.”). When the case reached the Supreme Court, it was decided that a restriction imposed by a state law is invalid by the Commerce Clause if the state law’s purpose is to curtail the volume of interstate commerce for the benefit of the local economy. A local embargo is invalid under the Commerce Clause, the denial of the license to Hood was not consistent with the Federal Agricultural Marketing Agreement Act, and New York’s law was a burden on interstate commerce for their own state’s
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
and fair one. Many believe it to be the first anti- trust decision in U.S.
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
The purpose of this paper is to discuss how Chief Justice John Marshall affected the American Judicial System. The reader will therefore first find a brief biography of John Marshall. Then the paper will explain in detail the origins of the Judicial Power to subsequently...
Federal supremacy was also finally solidified by this case. New York said that the Federal Coasting license that Thomas Gibbons had was useless in New York waters. Thus this sets-up the great issue of the day state gov't v. federal gov't. But as New York and the rest of the United States finally gets into it's head that the Constitution is the law of the land and that in Article IV, it states that "federal laws supersedes state laws"
Marbury v. Madison, one of the first Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. John Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution. Marshall was also the first to interpret the Constitution loosely, also known as judicial activism. During his term as Supreme Court Chief Justice, Marshall was also successful in loose constructionism through other landmark Supreme Court cases such as Gibbons v. Ogden ("Emancipation Proclamation" of commerce), and McCulloch v. Maryland (whose decision stated that the states cannot tax a fede...
Marshall, John. “Gibbons Vs. Ogden 22 U.S. 1.” January 1824. Accessed December 18, 2011. http://www.ourdocuments.gov.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
...artnership that would become extremely beneficial for both men. Even when he was helping Gibbons pilot his steamships, he still kept his ferrying business alive. Though deemed uneducated by many, he managed to learn much about the steam engine during his time under Gibbons. HIs knowledge of the steam engine would later allow him to cut out his competition, on water and on land. On May 5, 1815, the heirs of Chancellor Livingston gave Aaron Ogden a license to run his own steamboat between Elizabethtown and New York. Due to personal conflicts, Gibbons wanted to cripple Ogden. The only way for him to do this was to break Ogden’s monopoly by finding a way to declare that his monopoly was illegal. In the historic Gibbons v. Ogden Supreme Court case, Gibbons appealed to the Court that against Ogden’s monopoly. On March 2, 1824, the Supreme Court ruled in favor of Gibbons.
Gibbons had received his permit from the federal government. The New York court sided with Ogden and ordered Gibbons to stop operating his steamships. Gibbons then proceeded to take this to the Supreme Court. John Marshall sided with Gibbons and said that New York’s grant to Ogden violated the federal licensing act of 1793 and for the first time the commerce clause was interpreted. It was concluded that the government had the power to regulate this because of the commerce clause.
Worchester, . "John Marshall’s Decision on Worcester v. Georgia." PBS. Community Television of Southern California, 18 Mar 2010. Web. 15 Jan 2014. .
The case moved to court and after fighting back and forth over what was constitutional and what was not, Gibbons lost and had his licence revoked. The fight then moved from licences to constitutional rights when Gibbons took the case the the supreme court (findlaw). Ogden argued that the state had complete control over interstate commerce. Gibbons argued that congress had sole power over interstate commerce and that monopolies contradicted federal laws. Both are wrong, Ogden more than Gibbons. Article 1, Section 8 of the constitution gives congress power over interstate commerce (Library of Congress). Congress can give power to the states, but that states have no control over how much power they get.
... College v. Woodward provided corporations and private economic institutions protection from state government regulations, thus allowing industry and business to expand (Newmyer, 247). The decision made by Marshall influenced several different areas in American society and have left their perpetual mark on America’s court system, judicial branch, and economic system. While the Marshall Court may have been a mere speck in the history of the United States, its decisions have lived on for hundreds of years.
Fortas, J. (1967). Opinion of the Court SUPREME COURT OF THE UNITED STATES: 387 U.S. 1 In re Gault. Retrieved August 12, 2010, from Cornell University Law School: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0387_0001_ZO.html