Gibbons v. Ogden
1824
Background
• Aaron Ogden and Thomas Gibbons both
operated steamships. The ships traveled the
waters and bays of New York State and New
Jersey
• Ogden had exclusive rights to those waters
granted by the state of New York
• Gibbons was using water and Ogden took him to
court
• Gibbons lost his boats b/c he was found using
boats without proper NY license (monopoly)
Question before the Court
• Do the laws passed by the New York State
Legislature violate the Constitution of the
US by their attempt to regulate interstate
commerce or are they permissible?
• How should commerce be defined?
• Underlying question for the southern
states: slavery
Arguments
• Ogden’s argument
– Gibbons was using
HIS waters b/c he had
a legal license from
NY State
– Transportation is not
commerce!
• Gibbon’s Argument
– He had a Federal
license and he was
going between the
states
– Transportation is part
of the buying and
selling and should be
regulated by the
federal government
Result
• The Supreme court decided that the
national government gave Gibbons
permission to operate on the waters. This
was stronger than the state laws
• Constitution is the “Supreme law of the
land”
Why is this important?
• Commerce is defined as transportation, so
Congress can regulate the transport of
goods. It also allows Congress to build
roads, canals, telegraph & RR lines
• It promotes expansion
• Strengthens the National governments
control