Gibbons v. Ogden
Brief

View this case and other resources at: Citation. 22 U.S. 1, 9 Wheat. 1, 6 L. Ed. 23 (1824) Brief Fact Summary. After someone was given an exclusive ferry operations license by a state, a competitor challenged the license as a violation of the Commerce Clause. Synopsis of Rule of Law. Commerce that is connected to more than one state is within the reach of Congress's commerce power. ...

Gibbons v. Ogden
Brief

View this case and other resources at: Citation. 22 U.S. 1, 9 Wheat. 1, 6 L. Ed. 23 (1824) Brief Fact Summary. Ogden was given an exclusive license, pursuant to a New York statute, to run a ferry between New York and New Jersey. Gibbons obtained a license, pursuant to federal law, to run a ferry in New York waters, thus, running in interference with Ogden's license. Ogden sought an injunction against Gibbons. Synopsis of Rule of Law. Congress' power to regulate interstate commerce does not stop at the external boundary line of a State. Congress' power to regulate within it ...

Gibbons v. Ogden
Brief

View this case and other resources at: Citation. ...

Gibbons v. Ogden
Brief

View this case and other resources at: Citation. 22 U.S. 1, 9 Wheat. 1, 6 L. Ed. 23 (1824) Brief Fact Summary. The State of New York had issued an exclusive license to operate steamboats in New York waters to Fulton and Livingston. Their licensee and the Plaintiff - Respondent, Ogden (Plaintiff), sued the Defendant - Appellant, Gibbons (Defendant), for operating a competing ferry service. Synopsis of Rule of Law. The commerce power is a broad regulatory power. ...

TABLE OF CASES
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TABLE OF CASES Principal discussion of a case is indicated by page numbers in italics. Abate v. Mundt Abington School District v. Schempp Abood v. Detroit Board of Education Abrams v. U.S. ACLU v. Reno Adarand Constructors, Inc. v. Pena Adkins v. Children’s Hospital  Agency for Int’l Dev. v. Alliance for Open Soc’y Int’l, Inc.  Agins v. Tiburon  Agostini v. Felton  Akron v. Akron Center For Reproductive Health  Alaska Hire case  Alden v. Maine  Allegheny County v. American Civil Liberties Union Allen v. Wright  Allgeyer v. Louisiana  Allied Structural Stee ...

TWO LIMITS ON STATE POWER: THE DORMANT COMMERCE CLAUSE AND CONGRESSIONAL ACTION
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Chapter 6 TWO LIMITS ON STATE POWER: THE DORMANT COMMERCE CLAUSE AND CONGRESSIONAL ACTION This Chapter examines two federalism-based limits on state and local power: (1) the so-called "dormant" Commerce Clause; and (2) ways in which Congress may block the states from legislating in particular areas. The most important concepts in this Chapter are:     Dormant Commerce Clause: The mere existence of the federal commerce power restricts the states from discriminating against, or unduly burdening, interstate commerce. This restriction is called the "dormant Commerce Clause."     ...

THE FEDERAL COMMERCE POWER
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Chapter 4 THE FEDERAL COMMERCE POWER This Chapter examines Congress' power to "regulate commerce ... among the several states." This is the "commerce power." The most important concepts in this Chapter are:     Test for commerce power: A particular congressional act comes within Congress' commerce power if both of the following are true:     Substantially affects commerce: The activity being regulated substantially affects commerce; and     Reasonable means: The means chosen by Congress is "reasonably related" to Congress' objective in regulating.     Conclusion: ...

TABLE OF CONTENTS
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Chapter 1 INTRODUCTION I. ROADMAP OF CONSTITUTIONAL LAW      II. THREE STANDARDS OF REVIEW      A. Three standards     B. Consequences of choice     C. When used     Chapter 2 THE SUPREME COURT’S AUTHORITY I. REVIEW OF ACTS OF CONGRESS (MARBURY v. MADISON)      II. REVIEW OF STATE COURT DECISIONS      A. General principles of review     B. Martin v. Hunter’s Lessee    C. Independent and adequate state grounds     III. CONGRESS’ CONTROL OF FEDERAL COURT JURISDICTION     A. The problem generally    B. McCardle case  ...

The Supremacy Clause
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CHAPTER 6 The Supremacy Clause §6.1 INTRODUCTION AND OVERVIEW The Supremacy Clause provides: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.” Art. VI, cl. 2. This language translates into a fundamental principle of our constitutional system of government: State law must conform ...

The Powers of the National Government
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CHAPTER 5 The Powers of the National Government §5.1 INTRODUCTION AND OVERVIEW The government created by the Constitution is national in the sense that its authority may be exercised throughout the nation and as a member of the family of nations. But it is also a limited government. This means that it may exercise only those powers granted to it by the Constitution. Powers not granted to the national government are, in the words of the Tenth Amendment, “reserved to the States respectively, or to the people.” This principle of federalism embodied in the Constitution serves a dual functi ...

Judicial Review
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CHAPTER 1 Judicial Review INTRODUCTION AND OVERVIEW In the constitutional law course, we study the United States Constitution as it has been interpreted and explained by the federal courts for more than 200 years. The Constitution itself is an amazingly short document. Stripped of its amendments, the Constitution occupies fewer than a dozen pages in your casebook. Even with its amendments, the document is barely 20 pages long. Yet while the Constitution itself is extremely brief, the interpretation of it can be exceedingly complex. The bulk of your constitutional law textbook consists of ca ...

Table of Cases
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Table of Cases Abbott Laboratories v. Gardner,387 U.S. 136 (1967) Adamson v. California,332 U.S. 46 (1947) Aetna Life Ins. Co. v. Haworth,300 U.S. 227 (1937) Air Courier Conference of America v. American Postal Workers Union,498 U.S. 517 (1991) Alabama v. Pugh,438 U.S. 781 (1978) Alden v. Maine,527 U.S. 706 (1999) Allen v. McCurry,449 U.S. 90 (1980) Allen v. Wright,468 U.S. 737 (1984) Altria Group, Inc. v. Good,555 U.S. 70 (2008) Alvarez v. Smith,130 S. Ct. 576 (2009) Amerada Hess Corporation v. Director, Division of Taxation,490 U.S. 66 (1989) American Insurance Association v. Gar ...

Congressional Power to Regulate
Outline

The other great structural issue in Constitutional Law is federalism – the relationship between the federal government and the states. Many of the battles over federalism center on the amount of regulatory power that is invested in Congress. The most important congressional regulatory power is the power “to regulate commerce among the several states.” The following case recounts the history of “the Commerce Power” and reveals modern limits on that power. UNITED STATES v. LOPEZ 514 U.S. 549 (1995) ...

Case Overviews
Outline

Gibbons v. Ogden (S.Ct. 1824) Facts: P, the holder of a New York monopoly right to operate steamboats between New York and New Jersey, challenged a federal law of 1793 which gave D the right to operate steamboats along the same route. ...

Case Overviews
Outline

McCulloch v. Maryland (S.Ct. 1819) Facts: Congress chartered a bank that established an active branch in Maryland. Because the bank was not chartered by the Maryland legislature, it was subject to a Maryland state tax that applied to all banks operating without that state's authority. The bank failed to comply with the tax law, arguing that the tax constituted a wrongful interference with Congress' lawmaking powers. ...

Commerce Power
Outline

Article I, § 8 of the Constitution grants Congress the power to regulate commerce among the several states. The scope of federal commerce power has been the subject of debate for many years and has gone through historical trends. There was always a tension as to whether a particular activity was considered interstate commerce or sufficiently affected interstate commerce and therefore fell into the federal commerce power. A. Defined There is no legislative history to tell us what exactly was meant by "commerce power" when the Constitution was drafted. We do know that the Constitution was ...