Gibbons v Ogden 1824 Background Aaron Ogden and

Gibbons v. Ogden 1824

Background • Aaron Ogden and Thomas Gibbons both operated steamships. The ships traveled the waters and bays of New York State and New Jersey • Ogden had exclusive rights to those waters granted by the state of New York • Gibbons was using water and Ogden took him to court • Gibbons lost his boats b/c he was found using boats without proper NY license (monopoly)

Question before the Court • Do the laws passed by the New York State Legislature violate the Constitution of the US by their attempt to regulate interstate commerce or are they permissible? • How should commerce be defined? • Underlying question for the southern states: slavery

Arguments • Ogden’s argument – Gibbons was using HIS waters b/c he had a legal license from NY State – Transportation is not commerce! • Gibbon’s Argument – He had a Federal license and he was going between the states – Transportation is part of the buying and selling and should be regulated by the federal government

Result • The Supreme court decided that the national government gave Gibbons permission to operate on the waters. This was stronger than the state laws • Constitution is the “Supreme law of the land”

Why is this important? • Commerce is defined as transportation, so Congress can regulate the transport of goods. It also allows Congress to build roads, canals, telegraph & RR lines • It promotes expansion • Strengthens the National governments control