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This landmark decision of 1824 prevented Aaron Ogden from operating a steamboat monopoly. The Court's decision set the standard for control of interstate commerce - trade between states. This decision continues to affect all issues involving interstate actions both commercially and financially.
Gibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce. Decided in 1824, Gibbons v. Ogden arose out of litigation between owners of rival steamboat lines over passenger and freight routes between the neighboring states of New York and New Jersey. But what began as a local dispute over the right to ferry the paying public from the New Jersey shore to New York City soon found its way into John Marshall’s court and constitutional history. The case is consistently ranked as one of the twenty most significant Supreme Court decisions and is still taught in constitutional law courses, cited in state and federal cases, and quoted in articles on constitutional, business, and technological history. Gibbons v. Ogden initially attracted enormous public attention because it involved the development of a new and sensational form of technology. To early Americans, steamboats were floating symbols of progress—cheaper and quicker transportation that could bring goods to market and refinement to the backcountry. A product of the rough-and-tumble world of nascent capitalism and legal innovation, the case became a landmark decision that established the supremacy of federal regulation of interstate trade, curtailed states’ rights, and promoted a national market economy. The case has been invoked by prohibitionists, New Dealers, civil rights activists, and social conservatives alike in debates over federal regulation of issues ranging from labor standards to gun control. This lively study fills in the social and political context in which the case was decided—the colorful and fascinating personalities, the entrepreneurial spirit of the early republic, and the technological breakthroughs that brought modernity to the masses.
Chronicles one of the most famous and frequently-cited cases of the early Supreme Court. Shows its impact on both commerce in the Early Republic and the understanding and growth of federal power during the past 200 years.
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
An indispensable reference for students studying the Court Specifically written to engage high-school students, Student’s Guide to the Supreme Court presents a comprehensive overview of the history, traditions, and people of the highest court in the land. This one-stop source does not require any prior knowledge of the Supreme Court and covers topics that meet national high school curriculum standards. Part One consists of three informative essays: The Supreme Court: The Weakest or the Strongest Branch? How Does the President Nominate a Supreme Court Justice? Do They Matter? How Supreme Court Decisions Affect Modern American Life. Part Two is an alphabetical section of key words and legal concepts spanning abortion to writs of mandamus. The members of the current Roberts Court—including Sonia Sotomayor—are profiled here, as are all chief justices and notable associate justices. Part Three complements the first two sections with a generous sampling of influential primary source documents, including landmark decisions, excerpts from justices’ papers, political cartoons, and constitutional provisions related to the Supreme Court. Key Features Easy-to-read Aligns with high school curriculum Unique three-part format
Author : James T. O'Reilly Publisher : American Bar Association Page : 252 pages File Size : 23,54 MB Release : 2006 Category : Law ISBN : 9781590317440
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.