...constitutional actions of the federal government. This decision established that the Constitution gave the government implied powers, and that state’s can not interfere with the constitutional actions of the federal government. Both of these effects gave the federal government more power over the states. Another case that gave the federal government more power over the states was Gibbons vs Ogden. The state of New York gave Aaron Ogden a monopoly to operate steamboat ferries on the Hudson River. Thomas Gibbons also operated on the Hudson. Ogden took Gibbons to court in New York, claiming that the state had given him a monopoly to operate the route. Gibbons appealed to the Supreme Court saying that the Congress had the power to regulate commerce. After seeing this case John Marshall acknowledged the Commerce Clause of the constitution, which said that Congress had the power to regulate commerce. Using a loose interpretation of the clause, Marshall concluded that Congress had the power to regulate commerce and navigation between the states, thus making Ogden’s monopoly unconstitutional. This ruling gave the federal government more power since they could now control more of interstate activity. In the case of Worcester vs Georgia, Samuel Worcester was sent to the Cherokee nation as a missionary in 1825. The Georgia government saw that Worcester was advising the Cherokee about their rights under US law, so they passed a law that said that no white people could stay in Cherokee nation...
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...The Commerce Clause: Protector of Trade or Tool for Expanding Government Power? Ever since its inclusion in the Constitution, the Commerce Clause, along with the Necessary and Proper clause, has been a source of debate and contention. Indeed, there were over 1400 cases filed with the Supreme Court challenging its application before the 20th century alone. With the passage of the controversial Affordable Care Act, the Commerce Clause was brought once more to the forefront of national attention. The Obama administration, and other prominent voices on the Left, claim that the clause itself gave them broad powers of control and regulation. Those on the Right claim that the clause was put into place specifically to limit the influence of the Federal government on the power of trade between the states. The question is clear: does the Commerce Clause truly grant unlimited power to expand the Federal government through regulation, or has it been abused by those in the Federal government off and on since its inception? I will attempt to answer this question by examining first the Clause itself, the Federalist Paper written by James Madison (the father of the Commerce Clause) and then the Supreme Court cases which have called it into question. Let us begin by examining the wording of the Commerce Clause (along with the Necessary and Proper clause) itself: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the...
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...control the constitution and laws of the respective states, and cannot be controlled by them." The Court decided that the laws that Congress made were above the laws of the states. Gibbons v. Ogden (1824) (1) Constitutional Question: Does the power given to Congress by the Commerce Clause in Article 1, Section 8 allow federal authority to overrule state laws? (2) In 1808, Robert Fulton and Robert Livingston received a monopoly from the New York state legislature to operate steamboats on state waters. The monopoly also applied to the water stretching between neighboring states. Aaron Ogden had acquired a Fulton-Livingston license to operate steamboats in the monopolies affected areas. However, a competitor by the name of Thomas Gibbons had obtained a federal coasting license in 1793 to operate steamboats between New Jersey and New York. Ogden filed a complaint to the New York Court of Chancery to stop Gibbons from operating his steamboats. Ogden’s lawyer said that states should have full power over interstate commerce; therefore the monopoly should be upheld in this situation. Daniel Webster, Gibbons Lawyer argued that Congress should have power due to the Commerce Clause in Article 1, Section 8 and that Gibbons license should not be overruled. The Court went in favor of Ogden, but Gibbons appealed to the New York Court of Errors who also reaffirmed the Chancery Court’s decision. Finally, Gibbons appealed to the Supreme Court. (3) In a unanimous decision, the Supreme...
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...Case Summaries – GOVT 3001 Powell v Alabama Burwell v Hobby Lobby Calder v Bull Marbury v Madison Fletcher v Peck Martin v Hunter’s Lessee Trustees of Darmouth College v Woodward Cohens v Virginia Cooper v Aaron Nixon v United States City of Boerne v Flores Bush v Gore McCulloch v Maryland Lochner v New York United States v The William Gibbons v Ogden 1. Ogden purchased a license from two persons granted exclusive navigation privileges on New York waters. When Gibbons operated on Ogden’s route, Ogden filed to restrain Gibbons from operating on these waters, violating the Federal Coasting Act of 1793. 2. The Court ruled in favour of Gibbons, arguing that commerce is the trade of commodities, which includes navigation, and, under the power...
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...CALIFORNIA CALIFORNIA An Interpretive History TENTH EDITION James J. Rawls Instructor of History Diablo Valley College Walton Bean Late Professor of History University of California, Berkeley TM TM CALIFORNIA: AN INTERPRETIVE HISTORY, TENTH EDITION Published by McGraw-Hill, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY 10020. Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved. Previous editions © 2008, 2003, and 1998. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and print components, may not be available to customers outside the United States. This book is printed on acid-free paper. 1234567890 QFR/QFR 10987654321 ISBN: 978-0-07-340696-1 MHID: 0-07-340696-1 Vice President & Editor-in-Chief: Michael Ryan Vice President EDP/Central Publishing Services: Kimberly Meriwether David Publisher: Christopher Freitag Sponsoring Editor: Matthew Busbridge Executive Marketing Manager: Pamela S. Cooper Editorial Coordinator: Nikki Weissman Project Manager: Erin Melloy Design Coordinator: Margarite Reynolds Cover Designer: Carole Lawson Cover Image: Albert Bierstadt, American (born...
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