In what two ways did the Supreme Courts decision in Gibbons v. Ogden set the stage for future Supreme Court ru?
In what two ways did the Supreme Courts decision in Gibbons v. Ogden set the stage for future Supreme Court rulings?
- Charles KLv 71 decade agoFavorite Answer
Steven B. Redd argues that the decision in Gibbons v. Ogden survived until 1895, when the court began to limit the congressional power with the case of United States v. E. C. Knight Co., 156 U.S. 1 (1895). Although this marked the start of a 40-year period of history during which the Commerce Clause was limited in scope, during the 1930s the Supreme Court returned to the broad view of the Commerce Clause originally established in Gibbons v. Ogden.
However, Strict Constructionists (those who follow the Constitution literally) hold a different view of the meaning of Commerce Clause as established in Gibbons: that it was limited in scope because the decision could be interpreted to say that navigation only pertained to the federal Commerce Clause because it was necessary to business as it allowed for the interstate transportation of goods. Therefore, these unspecified individuals view the E.C Knight not as a radical departure, but as a continuation of the original jurisprudence.
----------Gibbons v. Ogden, 22 U.S. 1 (1824), was a case in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution. The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while William Wirt and Daniel Webster argued for Gibbons.
- winnieLv 43 years ago
Rick Santorum stated that he does no longer have self belief that human beings have a great to privateness. in accordance to him, the government must be waiting to tell human beings what they could and can't do in mattress.