Constitutional Law I Federal Power II Gibbons v. Ogden Feb. 15, 2005

Spring, 2005Con Law I - Manheim2 Federalism & States’ Rights The interplay between federal and state power Both governments regulate private parties Because of federal supremacy,  federal law preempts state law  broad federal power means narrower state power  narrow federal power means broader state power

Spring, 2005Con Law I - Manheim3 Federalism & States’ Rights Federal Law Individuals & Business State Law state regulation federal regulation

Spring, 2005Con Law I - Manheim4 Federalism & States’ Rights Federal Law Individuals & Business State Law

Spring, 2005Con Law I - Manheim5 Federalism & States’ Rights Federal Law Individuals & Business State Law state regulation

Spring, 2005Con Law I - Manheim6 Federalism & States’ Rights Federal Law Individuals & Business State Law federal regulation federal preemption

Spring, 2005Con Law I - Manheim7 Federalism & States’ Rights Federal Law Individuals & Business State Law

Spring, 2005Con Law I - Manheim8 Federalism & States’ Rights Federal Law Individuals & Business State Law states’ rights

Spring, 2005Con Law I - Manheim9 Themes in Federalism History Royal Charters –> Colonies –> States -> Union Articles of Confederation –> Constitution Civil War; economic & political unification Political Theory Decentralized gov't better protects liberty Encourages "experimentation" Constitutional Law Theories of Interpretation Forum for mediating federalism disputes

Spring, 2005Con Law I - Manheim10 Federalism – Forum for Mediating Court Text of constitution suggest that allocation of power is a judicial question  Art. I, § 1: "All legislative Powers herein granted …"  Amd X: "The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Congress Structure of federal gov’t suggests that division of power is determined by states' in Congress  Composition of congress; electoral college  Amd XVII – Direct election of Senators

Spring, 2005Con Law I - Manheim11 The Commerce Power Disputes over federalism often appear in the context of the commerce power Art. I, § 8, cl. 3: "The Congress shall have Power … To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Must define "commerce" Must define "among" Must define "regulate"

Spring, 2005Con Law I - Manheim12 Thomas GibbonsAaron Ogden v.

Spring, 2005Con Law I - Manheim13 Robert Fulton Steamboat Clermont

Spring, 2005Con Law I - Manheim14 Gibbons v. Ogden (1824) New York law grants exclusive franchise to conduct ferry business between NY and NJ Federal law grants franchise to Gibbons to engage in "coasting trade"

Spring, 2005Con Law I - Manheim15 Gibbons v. Ogden (1824) New York law grants exclusive franchise to conduct ferry business between NY and NJ Federal law grants franchise to Gibbons to engage in "coasting trade" Is the NY law constitutional? Does it violate any limitation in constitution? Is it preempted by the federal law? might be, but only if federal law is valid

Spring, 2005Con Law I - Manheim16 Gibbons v. Ogden (1824) New York law grants exclusive franchise to conduct ferry business between NY and NJ Federal law grants franchise to Gibbons to engage in "coasting trade" Is the NY law constitutional? Does it violate any limitation in constitution? Is it preempted by the federal law? might be, but only if federal law is valid Is the federal law constitutional? Does it exceed congress' commerce power?

Spring, 2005Con Law I - Manheim17 Meaning of "Commerce" Interpretive Methodologies Originalism  “The power over commerce, including navigation, was one of the primary objects for which the people of America adopted their government”  “Convention must have used the word in that sense”  Historical validation “power [over navigation] has been exercised from the commencement of the government, has been exercised with the consent of all” Textualism  See Art. I § 9, ¶ 6 (limiting power over navigation)

Spring, 2005Con Law I - Manheim18 Does Commerce include Navigation? Traffic Buying and selling of commodities Intercourse All species of commercial transactions

Spring, 2005Con Law I - Manheim19 Extent of Congress’ power Marshall rejects “strict construction” Expansive interpretation of "commerce" these words comprehend every species of commercial intercourse No sort of trade can be carried on... to which this power does not extend Expansive interpretation of "among" "Intermingled with"

Spring, 2005Con Law I - Manheim20 within Does congress’ power extend to commerce within the States? Commerce among the States must, of neces- sity, be commerce with the States if a foreign voyage may commence or ter- minate at a port within a State, then the power of Congress may be exercised within a State.

Spring, 2005Con Law I - Manheim21 If congress’ power extends to inter-state commerce, can this be exercised without regulating some aspect of commerce within the states themselves?

Spring, 2005Con Law I - Manheim22 What portion of the ferry trip between NY and NJ does congress have power to regulate? Can it regulate the intra-state portion? Wholly intra-state?

Spring, 2005Con Law I - Manheim23 "The genius and character of the whole gov't seems to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally; but not to those which are completely within a particular state."

Spring, 2005Con Law I - Manheim24 Gibbons' affect on NY population New York Philadelphia

Spring, 2005Con Law I - Manheim25 Practice Questions 1. Could (prior to 1865) congress use its commerce power to ban the slave trade? a.Is the slave trade commerce? b.Can congress prohibit wholly intrastate transactions? c.See Art. I, § 9, ¶ 1 2.Could congress prohibit the importation of slaves? 3.Could congress prohibit slavery itself? a.See fugitive slave clause, Art. IV, § 2, ¶ 2