1. Gibbons v. Ogden 1824

2. 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)

3. 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

4. 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

5. 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”

6. 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