...which was legal since the monopoly was granted by the state. Two businessmen, Gibbons and Ogden, were business partners who bought a route between New York and Elizabethtown from Fulton and Livingston. However, Gibbons betrayed Ogden three years later by beginning to operate his own two ships on the same route. Ogden believed that he had the right to control the route because he had received the franchise from Fulton and Livingston. Gibbons, instead, justified his routes based on a separate federal license he obtained in coastal trading. Ogden sued Gibbons to force him to stop operating his steamship route. This case was argued by some of America's most well known...
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...In the case of McCulloch v. Maryland they had several issues which resulted in them going to court. Maryland wanted to put the Second Bank’s Baltimore Branch out of business. In an attempt to do so they decided to tax them. The bank refused to pay the tax, which made Maryland mad. In result of them getting mad, they decided to take it to their state court. Maryland’s state court of course sided with Maryland, trying to force McCulloch to pay the taxes. McCulloch then decided to appeal the ruling made by the state court and go above them, taking it to the Supreme Court. The Supreme Court was faced with the decision to decide if it was constitutional or unconstitutional for them to tax the bank and force them to pay extra money. As a result of the appeal they decided that it was unconstitutional and that they did not have to pay the tax. According to American Government and Politics Today, “Marshall ruled that no state could use its taxing power to tax a part of the national government. If it could, ‘the declaration that the Constitution . . . shall be the supreme law of the land, is [an] empty and unmeaning [statement].’” (54)....
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...American government, making the Supreme Court the final arbiter of Constitutional interpretation.” (Boundless) Congress had the capacity to utilize the vital and appropriate provision to legitimize government activities. Gibbons v.s. Ogden, Aaron Ogden held a permit to work steamboats between New Jersey and New York. Thomas Gibbons contended with Aaron Ogden on this same course however held a government drifting permit issued by a demonstration of Congress. Ogden recorded a grumbling in New York court to prevent Gibbons from working his vessels, asserting that the imposing business model allowed by New York was legitimate despite the fact that he worked on shared, interstate waters....
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...response to the upcoming arguments and arguments, the monopoly made sincere attempts to sell their the items for better prices in hopes of solving the issues. At first, Aaron Ogden tried going against the monopoly, but in the end he brought a license from Livingston & Fulton assignees in 1815. Ogden then began operating a steamboat of his own between Elizabeth town, New Jersey and New York City, New York. Ogden license was approved by the United States Congress and obeyed the regulated coasting trade law. This moment sparked...
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...rief noteGibbons v. Ogden 22 U.S. 1, 9 Wheat. 1, 6 L. Ed. 23 (1824) Facts: New York granted Robert R. Livingston and Robert Fulton the exclusive right of steam boat navigation on New York state waters. Livingston assigned to Ogden the right to navigate the waters between New York City and certain ports in New Jersey. Ogden (P) brought this lawsuit seeking an injunction to restrain Gibbons (D) from operating steam ships on New York waters in violation of his exclusive privilege. Ogden was granted the injunction and Gibbons appealed, asserting that his steamships were licensed under the Act of Congress entitled “An act for enrolling and licensing ships and vessels to be employed in the coasting trade and fisheries, and for regulating the same.” Gibbons asserted that the Act of Congress superseded the exclusive privilege granted by the state of New York. The Chancellor affirmed the injunction, holding that the New York law granting the exclusive privilege was not repugnant to the Constitution and laws of the United States, and that the grants were valid. Gibbons appealed and the decision was affirmed by the Court for the Trial of Impeachments and Correction of Errors, the highest Court of law and equity in the state of New York. The Supreme Court granted certiorari. Issues: 1. Does a state have the power to grant an exclusive right to the use of state waterways inconsistent with federal law? 2. Was the New York court’s injunction against Ogden’s license lawful? ...
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...McCulloch v. Maryland (1819) (1) Constitutional Question: Was the Maryland law unconstitutional towards the Bank of the United States, under Article I, Section 8, of the constitution, to tax the Bank? (2) Background information: The Bank of the United States was not chartered within the Maryland state which caused Maryland to impose a burdensome tax on the Bank. The Bank’s Baltimore branch would not pay the tax, and Maryland sued James McCulloch. James McCulloch soon appealed to the U.S. Supreme Court. The U.S. Supreme court examined the case in 1819. Once they examined the case the court ruled that the Maryland tax was unconstitutional, while the Bank of the United States was constitutional. There was questioning in Article I, Section 8, which was if the congress had the power, and it was proper and...
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...1. Louisiana Purchase from France helped double United States territory which increased the power of presidency and the central government. Louisiana Purchase also gave American citizen more nation for nationalism. With the control of Mississippi River, American were able to increase their trading and exploration to the west increased. 2. Embargo Act forced American to focus on the promotion of domestic trade and profit. With the restriction in trade, it helped American realize in time of struggle, people had to unite in order to unite and grow from experience. As a result, Embargo Act was the beginning of the development of American nation and its culture. 3. War of 1812 was the final war from breaking away from British control, the second...
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...The more extensive market of steamboats increased competition and pushed for manufacturers to produce better products. Aaron Ogden, a political figure in New Jersey, fought the Fulton-Livingston monopoly and secured retaliatory legislation for the New York Legislature. In 1815, a compromise was in order and Ogden paid the Fulton-Livingston group for the privilege of operating a steamboat from New York to Elizabeth-Town Point, New Jersey. Thomas Gibbons, a somewhat wealthy southern planter, entered the steamboat business in New Jersey as a partner of Ogden. The partnership quickly dissolved after a dishonest dispute between the two. The two that entered separate steamboat businesses in competition with each other on the New York-Elizabeth-Port route. This route shared between the two later presented conflicts. Ogden sought an injunction against Gibbons in that New York State had given him exclusive rights to operate on the route. Gibbons countered saying that he had right to operate on the route on the basis of a 1793 Act of Congress regulating coastal commerce. The case of Gibbons v. Ogden was appealed to the Supreme Court of the United States (SCOTUS), where SCOTUS decided that the regulation of interstate commerce belonged exclusively to Congress. As a result of this decision, state-licensed monopolies on waterways ended and business competition...
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...Marbury v. Madison John Adams appointed several new justices of the peace before he was to leave office, and the commissions had to be delivered to have effect. Adams gave the task to his Secretary of State, John Marshall, to deliver the commissions, but it was soon recognized it would be impossible to deliver them all in time. It was vital they were delivered before Adams left office, or else they would become null and void. Marshall, when he was appointed Chief Justice, assumed the new Secretary of State, James Madison, would deliver the rest. However, Madison had not arrived to his post when Marshall left, and not all the commissions were delivered on time. Marbury was one of the men who didn’t receive his commission, yet still demanded...
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...Marbury v. Madison, 5 U.S. 137 (1803), was a landmark United States Supreme Court case in which the Court formed the basis for the exercise ofjudicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government. The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force the new Secretary of State James Madison to deliver the documents. The Court, with John Marshall as Chief Justice, found firstly that Madison's refusal to deliver the commission was both illegal and remediable. Nonetheless, the Court stopped short of compelling Madison (by writ of mandamus) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established. The petition was therefore denied. McCulloch v. Maryland, 17 U.S. 316 (1819), was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing...
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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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...Question One: the Supreme Court’s Opinion in Gibbons v. Ogden Daniel Webster who represented Gibbons argued that Congress if they really wanted to could make legislation to regulate transportation and water ways. He said that Congress power over commerce were very broad and exclusive to Congress. The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” They could regulate state monopolies, not prohibit which would make an even playing field for everyone. What that meant was the control was back in state hands and an override of statutes the conflicted with each other. States would have control over laws regarding health, safety and other public issues and laws regarding interstate but this represented states power within the federal system. Not federal power. Congress legislation would not interfere with this if legislations were enacted on a federal level. Lawyers for the state argued that if the court ruled in favor of Gibbons it would harm the internal state regulation of slave trade or abolish it altogether. Supporters, many business owners hoped for a decision that would support the power of Congress to get rid of state supported and controlled by a few rich...
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...Business Law I Word List Chapter 5: Constitutional Principles 1. U.S. Constitution 2. Bill of Rights 3. Federal codes/statutes 4. Separation of powers (see handout) 5. Checks and balances 6. Federalism 7. Anti-federalism 8. Commerce clause 9. Taxing Powers 10. Marbury v. Madision *** 11. Interstate commerce v. intrastate commerce 12. Heart of Atlanta Motel v. USA *** (1964),[1] [2] was a landmark United States Supreme Court case holding that the U.S. Congress could use the Constitution's Commerce Clause power to force private businesses to abide by the Civil Rights Act of 1964. This important case represented an immediate challenge to the Civil Rights Act of 1964, the landmark piece of civil rights legislation which represented the first comprehensive act by Congress on civil rights and race relations since the Civil Rights Act of 1875. For much of the 100 years preceding 1964, race relations in the United States had been dominated by segregation, a system of racial separation which, while in name providing for "separate but equal" treatment of both white and black Americans, in truth perpetuated inferior accommodation, services, and treatment for black Americans. 13. Police powers – 10th Amendment In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health...
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...Appendix A Submission Abstract Defining political ideologies and describing the difference between Liberal, Conservative and Libertarian. Discussing the positions these groups support. What the formal process is of amending the Constitution and why it was designed this particular way. Discussing the role of the Court in the development of Federalism and the allocation of federal and state powers with in our U.S. system and how throughout the years it has changed. Political ideology is the beliefs or a philosophy pertaining to religion, social, cultural, and economic affairs by the majority of people with in a society. Liberal conservative and libertarian ideologies are examples of the political ideology. Liberals do not believe in class privileges, but rather equality and sharing resources and welcomes government intervention. Liberals support the welfare programs, government funded free health care, unemployment benefits, Maternity leave and programs of this nature. Conservatives are quite the opposite of what Liberals represent. The conservatives prefer individuals to be held personally responsible for their own wellbeing. They prefer the traditional views and values and is more comfortable with slow or moderate change. They believe the government should have limited say when it comes to regulating the economy. Libertarian beliefs are more geared toward free will, with opposing government interference in personal and economic liberties. When amending the...
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...McCulloch v. Maryland (1819) (1) Constitutional Question: Does Congress have the authority to establish a bank and make it exempt from paying taxes in order to use powers listed in Article I, Section 8, Clause 18 of the Constitution? (2) Background Information: In 1816, Congress chartered the Second Bank of United States, in order to help fulfill its powers listed in Article I, Section 8, Clause 18 of the Constitution. Many of the states were opposed to the creation of such a bank because of these banks competed with other banks within the states, and because they felt that the government was exerting too much power. Maryland, in an attempt to get rid of the Baltimore branch, passed a law that taxed any banks chartered outside...
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