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Gibbons v. Ogden

Lackland H. Bloom

in Do Great Cases Make Bad Law?

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199765881
eISBN:
9780199366903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765881.003.0003
Subject:
Law, Legal History

Gibbons v Ogden remains the Supreme Court’s foundational Commerce Clause decision. The chapter provides a summary of the complex set of historical circumstances that led to the Court’s invalidation ... More


The Proper Scope of Federal Power: The Meaning of the Commerce Clause

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter examines the propriety of federal laws under the power most often invoked to justify restrictions on liberty: the power to regulate commerce among the several states. Courts are not ... More


“As Far as Human Prudence Could Insure”: Marshall’s Retreat from Implied Commerce Powers

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0005
Subject:
History, American History: 19th Century, Cultural History

Despite ample opportunity, Chief Justice Marshall did not build on McCulloch v. Maryland to engage in nation-building through his constitutional decisions. In Gibbons v. Ogden (1824), Marshall ... More


Different Opinions at Different Times

David L. Lightner

in Slavery and the Commerce Power: How the Struggle Against the Interstate Slave Trade Led to the Civil War

Published in print:
2006
Published Online:
October 2013
ISBN:
9780300114706
eISBN:
9780300135169
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300114706.003.0004
Subject:
History, Social History

The U.S. Supreme Court contemplated for the first time the meaning of commerce power as stipulated in the Constitution in the case of Gibbons v. Ogden. The case, first scheduled for consideration in ... More


“The Baneful Influence of this Narrow Construction”: McCulloch in the Age of Jackson, 1829–1860

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0006
Subject:
History, American History: 19th Century, Cultural History

McCulloch v. Maryland and its principles came under attack during the Jacksonian era, and the Supreme Court under John Marshall’s successor, Roger Taney, ignored McCulloch into oblivion and reversed ... More


The Tourists’ River: Experiencing the Hudson Valley

David Schuyler

in Sanctified Landscape: Writers, Artists, and the Hudson River Valley, 1820-1909

Published in print:
2012
Published Online:
August 2016
ISBN:
9780801450808
eISBN:
9780801464232
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801450808.003.0002
Subject:
History, American History: 19th Century

This chapter discusses the development of tourism in the Hudson Valley. According to historian John Sears, there were three prerequisites for the emergence of tourism in nineteenth-century America: ... More


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