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Essays of the s cases gibbons v. ogden
Essays of the s cases gibbons v. ogden
Gibbons v. ogden essay
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Facts A monopoly in New York required steam boats traveling in the state to be licensed. If a boat was unlicensed, it would be forfeited to the owners of the monopoly. Aaron Ogden, an ex-governor of New Jersey, had a licensed steamboat he used to travel between New York and New Jersey. Thomas Gibbons, Ogden’s former associate, used his steamboat along the same path as Ogden to compete with him. Gibbons held a coasting license under a 1793 congressional act, but did not own a license from the New York monopoly. In 1819, Ogden brought suit against Gibbons in the New York Court of Chancery in order to stop the competition. The court ruled in favor of Ogden, deciding the 1793 congressional act did not conflict with the New York monopoly and Gibbons had no right to use his boat in New York. The New York Court of Errors affirmed the decision, and Gibbons appealed to the Supreme Court.
Issue
Did the New York law violate the Commerce Clause of
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Regulating commerce between nations could not exclude laws concerning navigation because this would mean no regulation on boats traveling into and out of states, which the states had been exercising since the “commencement of the government.” The Court argued Article I, section 9 discussing port preferences and paying taxes directly related to navigation and this was proof the Constitution itself discussed navigation in relation to commerce. Chief Justice Marshall also argued the power of commerce was not just with foreign countries, but also within the United States itself. This meant Congress could use their power within the states to regulate commerce. Congress’ power to regulate was plenary and had no limitations other than those the Constitution defined. Therefore, Congress had the power to regulate interstate commerce. The Supremacy Clause made the act of congress superior to the New York statute, invalidating the New York
The applicant Mr. Arthur Hutchinson was born in 1941. In October 1983, he broke into a house, murdered a man, his wife and their adult son. Then he repeatedly raped their 18-year old daughter, having first dragged her past her father’s body. After several weeks, he was arrested by the police and chargedwith the offences. During the trial he refused to accept the offence and pleaded for innocence. He denied accepting the killings and sex with the younger daughter.
A summary of the case details (provide the circumstances surrounding the case, who, what, when, how)
Hazelwood v. Kuhlmeier of 1987-1988 Background: At Hazel East High School, the school has a sponsored newspaper called “The Spectrum” that is written and edited by the students. In May of 1983, the high school principal, Robert E. Reynolds, received the edited version of the May 13th edition. Upon inspecting the paper, he found two articles that he found “inappropriate.” The two articles contained stories about divorce and teen pregnancy. An article on divorce featured a student who blamed her father’s actions for her parents’ divorce.
New Court rises as well as new found interpretation and modifications. However, the effect of the Commerce Clause has varied significantly depending on the Supreme Court 's interpretation. Moreover, making the Commerce power is limited. As shown in various cases; the Elastic Clause hold within power. Granted that gives a looser interpretation for congress to work with. In the court case Maryland Versus McCulloch, left Congress with the power to control the traffic as it crossed the state line giving congress power of Commerce. This court case expanded the power of the Commerce Clause vastly, but, not sufficient enough to hold more power against the Elastic Clause. Although, many might object claiming the commerce clause is more powerful the issue is the clause is restricted towards solely commerce. Once again the Elastic Clause states congress can do what they deem necessary and
Ashley Smith was a young girl that was placed in a juvenile detention centre at age 15 for throwing apples at a mail man. Her short sentence quickly extended into a life sentence because of so many infractions within the prison system. Ashley suffered from extreme mental health issues and was place in a psychiatric prison facility, however this facility was shown in the documentary to be corrupt and their actions with Ashley were extremely illegal. Furthermore, Ashley wasn’t given the proper help and treatment that she needed, instead she was physically and verbally abused by guards in the prison, and she ultimately passed away in the prison. Her death is still being debated about whether
Certain things became apparent to Marshall. The Constitution did give the federal government complete control over the nation’s commerce. (Article 1, Section 8, Clause 3) Also, the Federal Law, according to the Constitution, was the supreme law of the land. (Article 6, Clause 2) Marshall, a Federalist, had always supported a strong central government. However, issues were arising in other parts of the country that would make him consider any decision he made further.
The Constitution, however, does not specifically prohibit Congress from establishing a bank. The Marshall court found that the creation of a national bank would affect the welfare of the nation; therefore, the Constitutionality of creating the bank was legitimate. The power comes from the “necessary and proper” clause, which is listed under the powers of Congress, not its limits, in Article I section 9. Justice Marshall shows how the word “necessary” may have different meanings depending on the context of the sentence and by the intention of the person using the word. In Article I section 10 the phrase “absolutely necessary” is applied with stronger meaning regarding imports or exports, and is different than the word “necessary” used alone in this case, which was intended to mean indispensable by the framers of the Constitution.
In Federalist 78, Alexander Hamilton argued that the Judicial Branch is the “least dangerous to the political rights of the Constitution" and that it is “beyond comparison the weakest of the three departments of power” since it has “neither force nor will, but merely judgment.” [*] While it is true that Hamilton wrote the Federalist Papers as propaganda to garner support for the Constitution by convincing New Yorkers that it would not take away their rights and liberties, it is also true that Article III of the Constitution was deliberately vague about the powers of the Judicial Branch to allow future generations to decide what exactly those powers should be. In the 1803 case of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, established the Court’s power of judicial review. However, as Jill Lepore, Harvard professor of American History, argued, “This was such an astonishing thing to do that the Court didn’t declare another federal law unconstitutional for fifty-four years” after declaring the Judicial Act of 1789 unconstitutional in Marbury v. Madison. [*Jill Lepore] Alexander Hamilton was incorrect in his assertion that the Judicial Branch is the least dangerous to political rights and the weakest of the three government branches because judicial review has made the Supreme Court more powerful than he had anticipated. From 1803 to today, the controversial practice of judicial activism in the Supreme Court has grown—as exemplified by the differing decisions in Minor v. Happersett and United States v. Virginia—which, in effect, has increased the power of the Supreme Court to boundaries beyond those that Alexander Hamilton stated in Federalist 78.
In an effort to limit the power of the national government, Congress created one without enough power to govern effectively, which led to serious national and international problems. One of the main weaknesses under the Articles of Confederation was its incapability to regulate trade and levy taxes. The states controlled all of their “cash flows.” Sometimes, the states were in debt because of tariff wars that they would engage in with one another.
Munn v. Illinois (1877), is one of six cases, known as Granger cases that the Court decided along the same lines. Chief Justice Waite argued that the states may regulate the use of private property "when such regulation becomes necessary for the public good." In the Wabash, St. Louis and Pacific Railway Company v. Illinois case (1886), the Court ruled that states did not have the right to control interstate commerce that right belongs to the Congress. Justice Samuel Miller adds: “the power of Congress to make such reasonable regulations as the interests of interstate commerce may demand, without denuding the States of their just powers over their own roads and their own corporations.” In 1877, Congress created the Interstate Commerce Commission charged with regulating and monitoring interstate
Alton Logan's story cuts to the core of the America's justice system. "Well, majority of the public apparently believe that, but if you check with attorneys or ethics committees or you know anybody who knows the rules of conduct for attorneys, it's very, very clear-it's not morally clear-but we're in a position to where we have to maintain client confidentiality, just as a priest would or a doctor would. It's just a requirement of the law. The system wouldn't work without it," Coventry explained.
Frequently this case is begat as the "Liberation Proclamation of American Commerce," it ought to be readily called that due to the reflection on the flexibility of the extraordinary paper known as the Constitution. The case hardened the Congress held all forces to direct any modes of Commerce. Gibbons v. Ogden would win with the developments of trains and planes as modes of business exercises. Congress, with this case, was later to pass measure that would ban uncalled for value altering on transportation of sustenances and pass epochal measures, for
...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.
Around 1824 New York allowed a monopoly over the boats crossing waters near the state. Aaron Ogden got his steamboat licence under this monopoly and was allowed access to the water between New York and New Jersey to trade. Thomas Gibbons, Ogdens competitor, also had a boating licence only his was given to him an act of congress. Ogden filed a court complaint asking to have Gibbon’s licence revoked. His main claim was that the monopoly was completely legal and was able to control the water because New York's governor gave them permission (findlaw).
The purpose of this case study is to investigate and bring new insight to situations and behaviors within an organization. Case studies are learning tools which utilize social science research to identify and resolve individual and organizational challenges (K. Mariama-Arthur Esq., 2015).