Sunday, September 11, 2011

Ch 3 - Gibbons v. Ogden

Why is Gibbons v. Ogden such an important cause? Has this ruling been applied too broadly or often in recent times? 

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  2. Gibbons v. Ogden was a landmark case that involved the first struggle for power between the national government and state government. The state government gave Ogden a special license to use him steamboat to get passengers to another state, while the national government gave one to Gibbons. Gibbons sued and the decision got appealed to the Supreme Court, the justice was Marshall, and the Court ruled in favor of Gibbons, overruling the previous decision. This decision was important because it showed the national government could overrule the state government and could regulate interstate commerce. This ruling was used for justification is arguments over the abolishment of slavery, and more more things where the national government was proven to have more power. I believe this ruling has been applied often in recent times, but for good reason. For example, the Civil Rights Act of 1964. Politicians justified the Cilivil Rights Act by referencing this case stating the national government had the dominate say over states policies on Civil Rights. This case has also been used to allow abortion and many other examples. Despite being used many times as justification, the Gibbons v Ogden case has not been applied TOO much, because in all of these cases, the federal government was working to protects the rights of people from the state governments. (americanhistory.about.com)

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