Federal Power II Gibbons v. Ogden Feb. 10, 2006

Federal Power II Gibbons v. Ogden Feb. 10, 2006 PowerPoint PPT Presentation


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Spring, 2006. Con Law I - Manheim. 2. Federalism

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Federal Power II Gibbons v. Ogden Feb. 10, 2006

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1. Federal Power II (Gibbons v. Ogden) Feb. 10, 2006

2. Spring, 2006 Con Law I - Manheim 2 Federalism & States’ Rights The interplay between federal and state power Both governments regulate private parties Because of federal supremacy, federal law preempts state law broad federal power means narrower state power narrow federal power means broader state power

3. Spring, 2006 Con Law I - Manheim 3 Federalism – Forum for Mediating Court Text of constitution suggest that allocation of power is a judicial question Art. I, § 1: "All legislative Powers herein granted …" Amd X: "The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Congress Structure of federal gov’t suggests that division of power is determined by states' in Congress Composition of congress; electoral college Amd XVII – Direct election of Senators

4. Spring, 2006 Con Law I - Manheim 4 The Commerce Power Disputes over federalism often appear in the context of the commerce power Art. I, § 8, cl. 3: "The Congress shall have Power … To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

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7. Spring, 2006 Con Law I - Manheim 7 Gibbons v. Ogden (1824) New York law grants exclusive franchise to conduct ferry business between NY and NJ Federal law grants franchise to Gibbons to engage in "coasting trade" In answering these questions, it is necessary to inquiry into the extent of congress’ power to regulate commerce.In answering these questions, it is necessary to inquiry into the extent of congress’ power to regulate commerce.

8. Spring, 2006 Con Law I - Manheim 8 Gibbons v. Ogden (1824) New York law grants exclusive franchise to conduct ferry business between NY and NJ Federal law grants franchise to Gibbons to engage in "coasting trade" In answering these questions, it is necessary to inquiry into the extent of congress’ power to regulate commerce.In answering these questions, it is necessary to inquiry into the extent of congress’ power to regulate commerce.

9. Spring, 2006 Con Law I - Manheim 9 Gibbons v. Ogden (1824) New York law grants exclusive franchise to conduct ferry business between NY and NJ Federal law grants franchise to Gibbons to engage in "coasting trade" In answering these questions, it is necessary to inquiry into the extent of congress’ power to regulate commerce.In answering these questions, it is necessary to inquiry into the extent of congress’ power to regulate commerce.

10. Spring, 2006 Con Law I - Manheim 10 Meaning of "Commerce" Interpretive Methodologies Originalism “The power over commerce, including navigation, was one of the primary objects for which the people of America adopted their government” “Convention must have used the word in that sense” Historical validation “power [over navigation] has been exercised from the commencement of the government, has been exercised with the consent of all” Textualism See Art. I § 9, ¶ 6 (limiting power over navigation)

11. Spring, 2006 Con Law I - Manheim 11 Does Commerce include Navigation? Traffic Buying and selling of commodities Intercourse All species of commercial transactions

12. Spring, 2006 Con Law I - Manheim 12 Extent of Congress’ power Marshall rejects “strict construction” Expansive interpretation of "commerce" these words comprehend every species of commercial intercourse No sort of trade can be carried on ... to which this power does not extend Expansive interpretation of "among" "Intermingled with"

13. Spring, 2006 Con Law I - Manheim 13 Does congress’ power extend to commerce within the States? Commerce among the States must, of neces-sity, be commerce with the States if a foreign voyage may commence or ter-minate at a port within a State, then the power of Congress may be exercised within a State.

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17. Spring, 2006 Con Law I - Manheim 17 Gibbons' affect on NY population

18. Spring, 2006 Con Law I - Manheim 18 Johnson Concurrence Expansive interpretation of “commerce” History/framers’ intent/nature of a constitution All “vital agents of commercial prosperity” Why write separately Federal power over commerce is exclusive So as to leave unregulated as congress intends If exclusive, then NY has no power to regulate Even had congress never licensed Gibbons Marshall’s view on this: “There is great force in this argument, and the Court is not satisfied that is has been refuted.”

19. Spring, 2006 Con Law I - Manheim 19 The License Cases (1847) Marshall replaced by Taney (1836) Far less “federalist” in his views On exclusivity of federal commerce power “mere grant of power to the general government cannot be construed to be an absolute prohibition of any power over the same subject by the States.” If not exclusive, state laws can still be preempted If exclusive, then sharper distinction needs to be drawn between matters of interstate commerce and matters of “internal police.”

20. Spring, 2006 Con Law I - Manheim 20 Cooley v. Bd. of Wardens (1851) Issue: Do states have power to regulate local navigation? Rule (version 1): Navigation is part of commerce Congress’ power over commerce is concurrent States have retained power to regulate navigation Unless congress denies (preempts) that power Rule (version 2): Navigation is part of commerce Congress’ power over commerce is exclusive States have no retained power to regulate navig’n

21. Spring, 2006 Con Law I - Manheim 21 Cooley v. Bd. of Wardens (1851) Rule (version 2): States have no retained power to regulate navig’n But, Congress can adopt state law as federal law. Was that done here? Can Congress delegate power back to the States? Not if the constitution divested states of such power Compare Art. I § 10 Perhaps if divested by implication Rule (version 3): The grant of power over commerce to congress Is sometimes exclusive, and Sometimes concurrent

22. Spring, 2006 Con Law I - Manheim 22 Cooley v. Bd. of Wardens (1851) Matters capable only of exclusive regulation (that “admit of only one uniform system”): Channels of interstate commerce Air routes, sea lanes Instrumentalities of interstate commerce Airplanes, ships Matters capable of concurrent regulation (“best provided by many different systems”): Wholly intrastate activities Trade; health, safety & morals (police matters) Which is port pilotage? Contrast captains

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