When deciding cases, should the court concern itself with the possible consequences, such as the threatened southern secession during this case?

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Mauricio Russo

13 September, 01:23

When deciding cases, should the court concern itself with the possible consequences, such as the threatened southern secession during this case?

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Jaylene Hamilton · Answer 1

The case, Gibbons vs Ogden, was decided in 1824. It had not anything to do with withdrawal or secession. It involved a monopoly decided by New York (1808) for the set-up of steamboats in state waters. This choice freed transportation from state limitations. Marshall said that while states could control Intrastate commerce only, the federal government could control interstate and foreign business. This was the first case of Congressional control under the Commerce Clause being implemented.

Drew Todd · Answer 2

This case was decided in the year 1824. It involved a monopoly permitted by New York in the year 1808 for the operation of steam boats in state waters. The decision freed the transport from the states restraints. Marshall said that while states could regulate intrastate commerce only the federal government could regulate interstate and foreign commerce. This was the first case of Congressional power under the Commerce Clause being exercised.