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Gibbons V. Ogden
''Gibbons v. Ogden'', 22 U.S. (9 Wheat.) 1 (1824), was a landmark decision of the Supreme Court of the United States which held that the power to regulate interstate commerce, which is granted to the US Congress by the Commerce Clause of the US Constitution, encompasses the power to regulate navigation.John Steele Gordon
"10 Moments That Made American Business," ''American Heritage'', February/March 2007.
The decision is credited with supporting the economic growth of the antebellum United States and the creation of national markets. ''Gibbons v. Ogden'' has since provided the basis for Congress' regulation of railroads, freeways and television and radio broadcasts. The case was argued by some of America ...
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Commerce Clause
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction o ...
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Henry Wheaton
Henry Wheaton (November 27, 1785 – March 11, 1848) was an American lawyer, jurist and diplomat. He was the third reporter of decisions for the United States Supreme Court, the first U.S. minister to Denmark, and the second U.S. minister to Prussia. Biography He was born at Providence, Rhode Island. He graduated from Rhode Island College (now Brown University) in 1802, was admitted to the bar in 1805, and, after two years' study abroad in Poitiers and London, practiced law at Providence (1807-1812) and at New York City (1812-1827). From 1812 to 1815, he edited ''National Advocate'', the organ of the administration party. There he published notable articles on the question of neutral rights in connection with the then-existing war with England. On October 26, 1814, he became division judge advocate of the army. He was a justice of the Marine Court of New York City from 1815 to 1819. From 1816 to 1827, he edited reports of the Supreme Court, as the third Reporter of Decisions ...
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Aaron Ogden
Aaron Ogden (December 3, 1756April 19, 1839) was an American soldier, lawyer, United States Senator and the fifth governor of New Jersey. Ogden is perhaps best known today as the complainant in '' Gibbons v. Ogden'' which destroyed the monopoly power of steamboats on the Hudson River in 1824. Early life Ogden was born in Elizabethtown (known today as "Elizabeth") in the Province of New Jersey. He was the son of Robert Ogden, a lawyer and public official who served as Speaker of the New Jersey lower house immediately preceding the Revolution, and Phebe (née Hatfield) Ogden. Ogden's brother Matthias Ogden (1754–1791) was a Revolutionary War soldier and his nephew, Daniel Haines, also served as Governor of New Jersey on two separate occasions. Ogden, a Presbyterian, graduated from the College of New Jersey (now Princeton University) in 1773, and served as a grammar school tutor from 1773 to 1775. Career In the American Revolutionary War, Ogden was appointed a lieutenant in ...
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List Of United States Supreme Court Cases, Volume 22
This is a list of cases reported in volume 22 (9 Wheat.) of ''United States Reports'', decided by the Supreme Court of the United States in 1824. Nominative reports In 1874, the U.S. government created the ''United States Reports'', and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of ''U.S. Reports'' have dual citation forms; one for the volume number of ''U.S. Reports'', and one for the volume number of the reports named for the relevant reporter of decisions (these are called " nominative reports"). Henry Wheaton Starting with the 14th volume of ''U.S. Reports'', the Reporter of Decisions of the Supreme Court of the United States was Henry Wheaton. Wheaton was Reporter of Decisions from 1816 to 1827, covering volumes 14 through 25 of ''United States Reports'' which correspond to volumes 1 through 12 of his ''Wheaton's Reports''. As such, the dual form of citation to, for exam ...
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Sears, Roebuck & Co
Sears, Roebuck and Co., commonly known as Sears ( ), is an American chain of department stores and online retailer founded in 1892 by Richard Warren Sears and Alvah Curtis Roebuck and reincorporated in 1906 by Richard Sears and Julius Rosenwald, with what began as a mail order, mail-order catalog company migrating to opening retail locations in 1925, the first in Chicago. Through the 1980s, Sears was the largest retailer in the United States. In 2005, the company was bought by the management of the American Big-box store, big box discount chain Kmart (United States), Kmart, which upon completion of the merger, formed Sears Holdings. In 2018, it was the 31st-largest. After several years of declining sales, Sears' parent company filed for Chapter 11, Title 11, United States Code, Chapter 11 bankruptcy on October 15, 2018. It announced on January 16, 2019, that it had won its bankruptcy auction, and that a reduced number of 425 stores would remain open, including 223 Sears store ...
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Supremacy Clause
The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a s ...
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William Johnson (judge)
William Johnson Jr. (December 27, 1771 – August 4, 1834) was an American attorney, state legislator, and jurist who served as an Associate Justice of the Supreme Court of the United States from 1804 until his death in 1834. When he was 32 years old, Johnson was appointed to the Supreme Court by President Thomas Jefferson. He was the first Jeffersonian Republican member of the Court as well as the second Justice from the state of South Carolina. During his tenure, Johnson restored the act of delivering seriatim opinions. He wrote about half of the dissents during the Marshall Court, leading historians to nickname him the "first dissenter". Johnson wrote the majority opinion for two major cases (including ''United States v. Hudson'') and hundreds of majority opinions in minor admiralty, land, and insurance cases. He supported a strong federal government in economic matters, leading him to join the majority in cases such as ''McCulloch v. Maryland'', ''Gibbons v. Ogden'', and ...
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Denmark Vesey
Denmark Vesey (also Telemaque) (July 2, 1822) was a Free Negro, free Black man and community leader in Charleston, South Carolina, who was accused and convicted of planning a major Slave rebellion, slave revolt in 1822. Although the alleged plot was discovered before it could be realized, its potential scale stoked the fears of the Antebellum South, antebellum planter class that led to increased restrictions on both enslaved and free African Americans. Likely born into slavery in Saint Thomas, U.S. Virgin Islands, St. Thomas, Vesey was enslaved by Captain Joseph Vesey in Bermuda for some time before being brought to Charleston. There, Vesey won a lottery and purchased his freedom around the age of 32. He had a good business and a family but was unable to buy his first wife, Beck, and their children out of slavery. Vesey worked as a carpenter and became active in the Second Presbyterian Church. In 1818, he helped found an independent African Methodist Episcopal Church, African M ...
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Charleston, South Carolina
Charleston is the List of municipalities in South Carolina, most populous city in the U.S. state of South Carolina. The city lies just south of the geographical midpoint of South Carolina's coastline on Charleston Harbor, an inlet of the Atlantic Ocean formed by the confluence of the Ashley River, Ashley, Cooper River (South Carolina), Cooper, and Wando River, Wando rivers. Charleston had a population of 150,227 at the 2020 United States census, 2020 census. The population of the Charleston metropolitan area, South Carolina, Charleston metropolitan area, comprising Berkeley County, South Carolina, Berkeley, Charleston County, South Carolina, Charleston, and Dorchester County, South Carolina, Dorchester counties, was estimated to be 849,417 in 2023. It ranks as the South Carolina statistical areas, third-most populous metropolitan area in the state and the Metropolitan statistical area, 71st-most populous in the U.S. It is the county seat of Charleston County, South Carolina, Ch ...
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Sectionalism
Sectionalism is loyalty to one's own region or section of the country, rather than to the country as a whole. Sectionalism occurs in many countries, such as in the United Kingdom. In the United Kingdom Sectionalism occurs most notably in the constituent nation of Scotland, where various sectionalist/separatist political organizations and parties have existed since the early 1920s, beginning with the Scots National League. Today, Scottish sectionalism is most strongly associated and advocated by the Scottish National Party (SNP), which can be described as both sectionalist and separatist. The SNP advocates for both Scottish independence and more autonomy for Scotland while remaining a part of the United Kingdom. In the United States Sectionalism in 1800s America refers to the different lifestyles, social structures, customs, and the political values of the North and the South. Regional tensions came to a head during the War of 1812, resulting in the Hartford Convention which ...
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General Survey Act
The General Survey Act was a law passed by the United States Congress in April 1824, which authorized the president to have surveys made of routes for transport roads and canals "of national importance, in a commercial or military point of view, or necessary for the transportation of public mail." While such infrastructure of national scope had been discussed and shown wanting for years, its passage shortly followed the landmark US Supreme Court ruling, ''Gibbons v. Ogden'', which first established federal authority over interstate commerce, including navigation by river. The US president assigned responsibility for the surveys to the Corps of Engineers (USACE).Improving Transportation
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