Gibbons v. Ogden Part A Gibbons v. Ogden was a case in which the United States Supreme Court upheld that the powers are given to regulate commerce, granted to Congress by the commerce clause of the United States Constitution, the authority to regulate the navigation of waterways. In 1809 Robert Livingston and Robert Fulton were given exclusive shipping privileges of all the waters within the jurisdiction of that State by the Legislature of the State of New York, to boats or vessels powered by coal or steam, for no more than twenty years. Fulton and Livingston petitioned other states and other territories for similar rights, hoping to start a national fleet of steamboat companies, but only in the Orleans region accepted their petition and …show more content…
awarded them a monopoly on the lower Mississippi River waterways. Other competitors began challenging Robert Fulton and Robert Livingston by arguing that the federal government was exclusively for them and Government actions superseded state laws.
Aaron Ogden, a former Governer of New Jersey, had tried to defeat the measure but later purchased the license from the pair in 1815, where they entered business with Gibbons from Georgia. Two or three years later, the company failed between them, however, when Gibbons operated another steamboat line on one of Ogden’s routes between New York, and Elizabeth Town the U.S. Congress issued the license that was purchased under the law of a 1793 law regulating coastal trading. Their partnership ended up in the Court, which granted a mandatory injunction against Gibbons. This case was a Judicial restraint case: 1) Aaron Ogden filed a complaint in the Court of Chancery of New York requesting the restraining order against Thomas Gibbons from operating in waters they were the license to operate. Ogden's lawyer argued that states passed laws on issues regarding domestic matters and that states should have fully concurrent power with Congress on issues concerning interstate commerce. 2) Daniel Webster, Gibbons' lawyer, argued that Congress had exclusive power over interstate commerce according to Article I, Section 8, Clause 3 of the Constitution and that to argue otherwise would result in confusing and contradictory local regulatory …show more content…
policies. 3) The Court of Chancery of New York found for Ogden and issued an injunction to restrict Gibbons from operating his steam powered vessels. Part B Special Intrest Groups Step 1 a.The Boy Scouts of America is my particular Intrest Group of choice. The BSA's trains youth in responsibility citizenship, character, and self-reliance through participation in a wide range of outdoor activities, educational programs. BSA's offer programs in partnership with other community organizations. For younger members, the program is to instill typical values and trust, good citizenship, and skills. b.
The Boy Scouts of America will be addressing Gender Identity on January 30, 2017 c.The National Boy Scouts of Americas' policy on participation in political events is: Members or leaders may be a part of ceremonies at political events and may lead Pledge of Allegiance; however, they will leave and NOT remain on the platform or in locations where viewers could see whom they are endorsing or supporting. Photos of the Scouts in uniform or BSA and logos are NOT allowed in political materials. The Boy Scouts of America does not endorse any political candidate. Care must be taken not to make implications that they do. a. I disagree with the Black Lives Matter Special Intrest Group. Black Lives Matter (BLM) is an international activist movement, originating in the black communities, that campaigns against violence and racism toward those who are black. BLM regularly holds protests against police killings of black people and broader issues of profiling, brutality, and perceived as an inequity by some in society. b.Black Life Matters Conference at Dunbar School, Jan. 15 to 17.Jan. 7-8: 1 to 5 p.m at the. Unitarian Universalist Congregation of Columbus, 7850 W. Goeller Blvd. in Columbus,
Alabama. c.Black Lives Matter seemed unimpressed with the Democrats. Hillary Clinton seemed too conservative, and Sanders doesn't understand the black race. Step 2 a.The Boy Scouts of America teaches young men to be law abiding productive citizens in their communities. b. Black Lives Matter brings attention to police due to racial overtones in black communities. 1)the Rev. Martin Luther King Jr. to call the group “ to for segregation” — the last Boy Scout troop wasn’t integrated until 1974. The Boy Scouts announced in 2001. As in the U.S. military at the time, however, gay Boy Scouts employees or Scout leaders were dismissed as soon as their sexual orientation became public. 2) leaders of Black Lives Matter address police killings, excessive force, profiling and racial discrimination, and other problems in law enforcement. The campaign is pushing for changes. Instead, they’re practical, well-thought out, and in most cases, achievable. Most will also directly benefit everyone — not just black people 1 The Boy Scouts of America helped produce some prominent figures in our society. Such as Henry "Hank" Aaron, Baseball Superstar (Boy Scout) Richard Gere - Actor Bruce Jenner - Olympic Gold Medal Decathlon (Cub Scout) Jim Morrison - Rock Legend (Boy Scout). In 2015, Black Lives Matter grew from a protest into a firestorm of changes in police use of force. Black Lives Matter protesters created problems for candidates during their campaigns. 3 I like the Boy Scouts of America because; (1) They work with a diverse group of young men.( 2) they help to build confidence and trust. (3) they teach creativity and allow those from trouble households have an outlet. The reason why I don't like Black Lives Matter; (1) they have no real political backing. (2) sometimes they use violence when it isn't necessary.(3) there haven't been any significant changes in dealing with the police and black communities. Being familiar with both groups, what surprised me where the list of actors, presidents and high profile people that became boy scouts.
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.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
James Griffin v. The City of New York, No. 10 cv 02592 (RJD) (MDG) (D.C. Cir. ).
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 ship over to New York officials. Ogden, Gibbons argued, had not a license that permitted him to sail through these particular waters. Therefore, he had a right to seize Ogden’s ship. Ogden, on the other hand, claimed he had a federally approved license to navigate any waters in the United States. Gibbons declared the supremacy of the New York Steamboat Act, while Ogden stated the Federal Coasting Law as the rule. The stage had been set for the Supreme Court.
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"
September 1791, Robert Johnson was one of the many attacked for being a tax collectors, which are collecting the tax on distilled liquor. This tax is the first federal tax on American products. Gi...
"Schenck v. United States. Baer v. Same.." LII. Cornell University Law school, n.d. Web. 6 Jan. 2014. .
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...
Meyer v. State of Nebraska. 262 U.S. 390, 399, 43 Sct. 625, 626, 67 L.Ed. 1042. (1923)
In December 1965, an issue was caused by teachers’ in violating students’ freedom of speech. In December some students from Des Moines Independent Community School District, in Iowa were suspended for wearing black armbands to protest against the American Government’s war policy in support Vietnam (Richard, Clayton, and Patrick).The school district pressed a complaint about it, although the students caused no harm to anyone. Students should be able to voice their opinions without the consequences of the school district.
Olmstead v. United States, 277 U.S. 438 (U.S. June 4, 1928). Cornell University Law School;
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.
Actions speak louder than words, and contrary to BLM’s redundant stance, the sad truth is, they couldn’t care less for black issues. Black people are responsible for ninety-three percent of black homicides in the U.S. (Dailywire) BLM has always been up in arms about police shootings, but when a black on black crime surfaces they’re completely silent. Back in 2016 Peggy Hubbard’s nine-year-old child was killed by a stray bullet in a drive-by shooting. (Foxnews). BLM remained silent in regards to this,
The best ways in which to interpret the Constitution as well as how much power the court has is something that has been argued throughout legislative history. In Calder v Bull, Justice Chase and Justice Iredell have differing opinions on the matter. Chase thought that the government has no authority to interfere with an individual’s rights and the general principles of law and reason forbid the legislature from interfering. He said, “The purposes for which men enter into society will determine the nature and terms of the social compact: as they are the foundation of legislative power, they will decide what are the proper objects of it: The nature and ends of legislative power will limit the exercise of it.” (57). Justice Chase argues that
When a person thinks about Black Lives Matter, he or she may visualize African Americans fighting for justice and equality. The movement Black Lives Matter was created to bring awareness to systematic racism, police brutality and social injustice that African Americans face on a daily basis. In contrary, All Lives Matter downplays the fact that black people are looked down upon in society. All Lives Matter may seem like an innocent title, but it emphasizes that justice for black people is not necessary. Black Lives Matter is not a movement that believes all lives do not matter; nevertheless, it highlights the fact that black lives are taken for granted by the judicial system.