Gibbons v. Ogden (1824)

A detailed Summary of Gibbons v. Ogden (1824)

In America's time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America's "founding fathers" and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today's judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government.

Aaron Ogden, a captain of a ship passing through New York State to trade with other states, was stopped one evening by Thomas Gibbons. He addressed Ogden to cede his ship over to New York officials. Ogden, Gibbons argued, had not a license that permitted him to sail through these particular waters. Therefore, he had a right to seize Ogden's ship. Ogden, on the other hand

The decision finally came by John Marshall and his Supreme Court on March 2, 1824. Marshall had decided that because the Constitution declared Federal law supremacy, any law passed by Congress should be the superior force. However, only those State laws that conflicted with Federal laws and jurisdiction, therefore deemed unconstitutional, should be rejected. Therefore, States had the power to regulate their own trade, such as the southern slaves, but the Federal Government had the final say, and ultimately, supreme power. Congress henceforth could control intra and interstate commerce as the Constitution specified.

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 case of Gibbons v. Ogden (1824) had become a national problem that had to be solved. It required a decision that went both ways, a compromise, so as to preserve a more perfect Union. Or, in the least, prevent sectionalism and succession.

Marshall eyed the Negro Seamen Act closely. What was this commerce, which the Federal Gove

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Approximate Word count = 959
Approximate Pages = 4 (250 words per page double spaced)

Category: History