POS2041 Lecture Notes - Lecture 25: Commerce Clause, Aaron Ogden, Thurgood Marshall
17 Aug 2020
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A new york state law gave robert r. livingston and robert fulton a 20-year monopoly over navigation on waters within state jurisdiction. Aaron ogden and other competitors tried to forestall the monopoly, but livingston and fulton largely succeeded in selling franchises or buying competitors" boats. Ogden filed suit against gibbons in new york state court, and received a permanent injunction. The new york state court rejected gibbons" argument asserting that u. s. congress controlled interstate commerce: constitutional question. Whether the commerce clause gave congress authority over interstate navigation: conclusion. Justice marshall concluded that regulation of navigation by steamboat operators and others for purposes of conducting interstate commerce was a power reserved to and exercised by the. As interstate navigation fell under interstate commerce, new york could not interfere with it, and the law was therefore invalid.
