Case law · Highest court · Federal

Gibbons v. Ogden

Decided
March 18, 1824
Status
Published
Jurisdiction
Federal

Cited 2,543 timesNo negative treatment found in this library

What later courts said

  • holding that the commerce power extends "to all the external concerns of the nation, and to those internal concerns which affect the States generally" — United States v. Lopez (1995)
  • holding that a federal license to transport passengers in interstate commerce preempts state law prohibiting such transportation without a state license — Mo's Express, LLC v. Sopkin (2006)
  • concluding that the omission of the “definite article the ” was not accidental but “studiously made” — Lewis v. Nationstar Mortgage (2014)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

22 U.S. 1 6 L.Ed. 23 9 Wheat. 1 GIBBONS, Appellant, v. OGDEN, Respondent.

March 2, 1824 [1]

The acts of the Legislature of the State of New-York, granting to Robert R. Livingston and Robert Fulton the exclusive navigation of all the waters within the jurisdiction of that State, with boats moved by fire or steam, for a term of years, are repugnant to that clause of the constitution of the United States, which authorizes Congress to regulate commerce, so far as the said acts prohibit vessels licensed, according to the laws of the United States, for carrying on the coasting trade, from navigating the said waters by means of fire or steam. [2]

Cite this

Gibbons v. Ogden, 22 U.S. 1 (1824)

Read the full opinion

Free account needed

Reading the library on this site uses your account’s daily calls, the same as the connector and the API. The Free plan needs no card. Calls a day on each plan.