PS 3150 Lecture Notes - Lecture 7: Commerce Clause, Schecter Guitar Research, 101St United States Congress
8 Dec 2016
School
Department
Course
Professor
Document Summary
Legislative branch: commerce clause continued: us constitution ratified in 1789. Removed certain powers from the states: states could not print money, impair contracts, levy import taxes. Many felt that what happened within the states was not the purview of the federal government: definitions of commerce abounded. What does intra-state commerce entail: gibbons v. ogden (1824) Ny legislature granted a monopoly to operate steamboats on all waterways within the state. The business became very powerful and profitable, to the extent that no other vessels were permitted on the waters and were punished if they were. When ny vessels crossed into other states, these states began to block them from sing their waters. Ogden represented the ny monopoly; gibbons represented a rival company that routinely violated the monopoly by sending ships into ny waters. Ogden asked the ny courts to prevent gibbons from doing business and won; gibbons took the case to the ussc.
