Gibbons v. Ogden

1824

Venue: SCOTUS

Facts: Protectionist state statutes requiring a license to dock in NJ (granted only to NJ companies) and a license to dock in NY (granted only to CA companies... nah, just kidding, it was only for NY companies). Then there's "coastal trade" with the US in general.

Posture: Unknown.

Issue: Are the NY laws which purport to give an exclusive privilege repugnant to the constitution?

Holding: Yes.

Rule: The power to regulate trade between the states is granted to congress; this implies that the states do not retain it.

Reasoning: What is commerce? It includes navigation. What is among? Intermingled with. What is regulate? It is prescribing rules.

Dicta: The constitution is a document of enumeration, not definition. If we don't give it force, it will be an empty thing.