What was gibbons argument

He argued that the monopoly maintained by New York law and the injunction granted by the New York court seemed to conflict with this act of Congress, and should be struck down in accordance with the Supremacy Clause.

A unanimous decision from the Supreme Court did just that. Chief Justice John Marshall spent a majority of the written opinion investigating whether or not Congress had the authority to regulate and license commercial maritime activity under the Commerce Clause.

Marshall asserted that this kind of power is covered under the Commerce Clause because the Founders intended as much when they authored the Constitution.

More generally, the Court articulated in Gibbons an understanding of the Commerce Clause that gave the federal government considerable regulatory power. However, the Court stopped short of adopting an overly expansive reading of the clause and determined that the regulation of matters wholly confined within a state , like inspection and health laws, cannot be regulated by Congress.

In a separate concurring opinion, Justice Johnson advocated for a more expansive reading of the Commerce Clause. Since the decision in Gibbons v. This section is for teachers. Use the links below to access: student versions of the activities in.

PDF and Word formats how to differentiate and adapt the materials how to scaffold the activities how to extend the activities technology suggestions answers to select activities Learn more about Street Law's commitment and approach to quality curriculum.

Available at a high school and middle school levels. Case Background : Background information at three reading levels. Case Vocabulary : Important related vocabulary terms at two reading levels. Glossary Planning Time and Activities If you have one day. Complete the Classifying Arguments Activity. Discuss which arguments the students find most convincing. For homework, have students read the Key Excerpts from the Opinion and answer the questions. Follow-up the next day by reviewing the questions with students.

If you have two days. Complete all activities for the first day excluding homework. Complete Applying Precedents Activity. If you have three days. About BRI The Bill of Rights Institute engages, educates, and empowers individuals with a passion for the freedom and opportunity that exist in a free society.

Resources Gibbons v. Ogden at Oyez U. Supreme Court Media Gibbons v. Ogden at Legal Information Institute Gibbons v. Ogden at OurDocuments. Ogden ? How did the Court rule? List some ways this ruling affected your life. For example, do you ever buy things that were made in other states? If you had a successful invention and wanted to sell it around the country, would you face different sets of trade requirements in each state?

Do you agree with the Court on the meaning of this particular word? Why or why not?