*Gibbons+v.+Ogden


By: Graham March and Jonny Callahan 1/1

II. In 1793, the New York legislature gave two investors, Livingston and Fulton, FIRST NAMES? the exclusive right to use steamboats in the waterways of New York. Livingston and Fulton gave a New York steamboat license to Aaron Ogden. Ogden's former partner, Thomas Gibbons, owned two boats that were federally registered for coastal trade but did not have a New CAP york Steamboat license from Livingston and Fulton. When he continued to trade goods between New York and New Jersey, Ogden got him arrested and took him to court for operating his boat without a license. When the court ruled against him, Gibbons appealed, saying his congressionally issued coastal trading license overruled the state steamboat license. EXCELLENT 5/5

III. There are two constitutional issues here. First, this is a contradiction between state and federal law, embodied in Gibbons' federal permit and Ogden's permission from a state sponsored regulatory group. YOU NEED TO MENTION THE SUPREMACY CLAUSE (ARTICLE VI) The second issue comes from the commerce clause. The state of New York interfering with interstate trade, which is under federal jurisdiction. 4/5

IV. In the Gibbons v. Ogden case the court ruled in the favor of Gibbons with a 6-0 vote (one of the justices did not participate in the vote). As the reason for their decision, they said that they were declaring Livingston and Fulton's monopoly unconstitutional, violating both the commerce and supremacy clauses. Similar laws in other states were also repealed. 5/5 V. This court case was important because it involved a fight for power between the state and federal governments. More importantly, this was also the first supreme court case to involve the commerce clause. The commerce clause states intrastate trade is regulated by state governments and interstate trade is regulated by the federal government. This clause was violated when the state of new york created a monopoly on steamboat travel within their state. This indirectly interfered with interstate commerce, thus violating the commerce clause. WHAT ABOUT THE ISSUE OF SUPREMACY? THIS CASE IS ALSO VERY IMPORTANT IN ESTABLISHING FEDERAL SUPREMACY 4/5

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DID NOT USE APA FORMAT - USE CITATION MACHINE!!! 1/2 22/25 = 88% (B)

OVERALL YOU GUYS DID A GOOD JOB BUT THERE A FEW MINOR PROBLEMS THAT KEPT YOU FROM GETTING AN "A."