Anonymous
Anonymous asked in Politics & GovernmentGovernment · 9 years ago

Explain how the court case, Gibbon v. Ogden had an influence on the power of the federal government.?

I am not sure how to explain it.

2 Answers

Relevance
  • 9 years ago
    Favorite Answer

    Quoting wikipedia: http://en.wikipedia.org/wiki/Gibbons_v._Ogden

    "Gibbons v. Ogden, 22 U.S. 1 (1824),[1] was a landmark decision 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."

    See http://www.socialstudiesforkids.com/wwww/us/gibbon...

    and http://constitutionland.com/Gibbons_v.html

    ----------- update -----------

    Here's how the current court interprets the commerce clause:

    In 2005, Supreme Court Justice Antonin Scalia found that the commerce clause gives Congress the power to override state law in regulating noneconomic intrastate activities. In particular, Scalia found that California's law allowing medical marijuana was overridden in a case where a woman with an illness and a prescription for marijuana tried to grow her own medicinal marijuana. So if that activity, legal under state law, can be federally regulated under the commerce clause, it's hard to imagine that health care can't also be overridden and regulated under the commerce clause.

    Scalia in Gonzales v Raich, 2005: "Congress's regulatory authority over intrastate activities that are not themselves part of interstate commerce (including activities that have a substantial effect on interstate commerce) derives from the Necessary and Proper Clause."

    Scalia again: "Congress may regulate noneconomic intrastate activities only where the failure to do so 'could ... undercut' its regulation of interstate commerce."

    http://www.law.cornell.edu/supct/html/03-1454.ZC.h...

    http://snardfarker.ning.com/profiles/blogs/the-com...

    .

  • ?
    Lv 6
    9 years ago

    The special feature of this important case was the Gibbon was a real monkey but had engaged very good lawyers. Ogden who 'owned' Gibbon had been taken to court on slavery charges. Not only had Gibbon to perform tricks in the street while Ogden played an organ grinder but also had to vacuum the house and do the washing-up. The influence on the Federal Government was that following the ruling in Gibbon's favour, the legislature had to stop monkeying around and get on with legislating.

Still have questions? Get your answers by asking now.