Question:

How did Gibbons vs. Ogden promote nationalism?

Answer:

The Court said that the federal commerce clause, outranked a state law that had granted a monopoly to one group of people. AnswerParty!

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Ogden nationalism

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 not uncommon 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, the clause is often paired with the Necessary and Proper Clause, the combination used to take a broad, expansive perspective of these powers. However, the effect of the Commerce Clause has varied significantly depending on the Supreme Court's interpretation. During the Marshall Court era, Commerce Clause interpretation empowered Congress to gain jurisdiction over numerous aspects of intrastate and interstate commerce as well as non-commerce. During the post-1937 era, the use of the Commerce Clause by Congress to authorize federal control of economic matters became effectively unlimited. Since the latter half of the Rehnquist Court era, Congressional use of the Commerce Clause has become slightly restricted again, being limited only to matters of trade (whether interstate or not) and production (whether commercial or not).


History of the United States

The history of the United States as covered in American schools and universities typically begins with either Christopher Columbus's 1492 voyage to the Americas or with the prehistory of the Native peoples, with the latter approach having become increasingly common in recent decades.

Indigenous peoples lived in what is now the United States for thousands of years and developed complex cultures before European colonists began to arrive, mostly from England, after 1600. The Spanish had early settlements in Florida and the Southwest, and the French along the Mississippi River and Gulf Coast. By the 1770s, thirteen British colonies contained two and a half million people along the Atlantic coast, east of the Appalachian Mountains. The colonies were prosperous and growing rapidly, and had developed their own self-governing political and legal systems. After driving the French out of North America in 1763, the British imposed a series of new taxes while rejecting the American argument that taxes required representation in Parliament. "No taxation without representation" became the American catch phrase. Tax resistance, especially the Boston Tea Party of 1774, led to punishment by Parliament designed to end self-government in Massachusetts. All 13 colonies united in a Congress that led to armed conflict in April 1775. On July 4, 1776, the Congress adopted the Declaration of Independence drafted by Thomas Jefferson, proclaimed that all men are created equal, and founded a new nation, the United States of America.

Gibbons v. Ogden, 22 U.S. 1 (1824), was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution. The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while William Wirt and Daniel Webster argued for Gibbons.

Law Monopoly Government
Market failure

Market failure is a concept within economic theory describing when the allocation of goods and services by a free market is not efficient. That is, there exists another conceivable outcome where a market participant may be made better-off without making someone else worse-off. (The outcome is not Pareto optimal.) Market failures can be viewed as scenarios where individuals' pursuit of pure self-interest leads to results that are not efficient – that can be improved upon from the societal point-of-view. The first known use of the term by economists was in 1958, but the concept has been traced back to the Victorian philosopher Henry Sidgwick.

Market failures are often associated with time-inconsistent preferences, information asymmetries, non-competitive markets, principal–agent problems, externalities, or public goods. The existence of a market failure is often the reason for government intervention in a particular market. Economists, especially microeconomists, are often concerned with the causes of market failure and possible means of correction. Such analysis plays an important role in many types of public policy decisions and studies. However, some types of government policy interventions, such as taxes, subsidies, bailouts, wage and price controls, and regulations, including attempts to correct market failure, may also lead to an inefficient allocation of resources, sometimes called government failure. Thus, there is sometimes a choice between imperfect outcomes, i.e. imperfect market outcomes with or without government interventions. But either way, if a market failure exists the outcome is not Pareto efficient. Mainstream neoclassical and Keynesian economists believe that it may be possible for a government to improve the inefficient market outcome, while several heterodox schools of thought disagree with this.

United States v. Locke, 529 U.S. 89 (2000), was a United States Supreme Court case in which the Court unanimously held that certain state regulations regarding oil tankers and oil barges are preempted under the Supremacy Clause of the United State Constitution in deference to the extensive body of federal regulations affecting these classes of vessels.

A General Welfare clause is a section that appeared in many constitutions, as well as in some charters and statutes, which provides that the governing body empowered by the document may enact laws to promote the general welfare of the people, sometimes worded as the public welfare. In some countries, this has been used as a basis for legislation promoting the health, safety, morals, and well-being of the people governed thereunder (also known as the police power). Such clauses are generally interpreted as granting the state broad power to legislate or regulate for the general welfare that is independent of other powers specified in the governing document.


Social Issues

A social issue (also called a social problem or a social situation) is an issue that relates to society's perception of a person's personal lives. Different cultures have different perceptions and what may be "normal" behavior in one society may be a significant social issue in another society. Social issues are distinguished from economic issues. Some issues have both social and economic aspects, such as immigration. There are also issues that don't fall into either category, such as wars.

Thomas Paine, in Rights of Man and Common Sense, addresses man's duty to "allow the same rights to others as we allow ourselves". The failure to do so causes the birth of a social issue.


Law Crime

Homicide

The term crime does not, in modern times, have any simple and universally accepted definition, but one definition is that a crime, also called an offence or a criminal offence, is an act harmful not only to some individual, but also to the community or the state (a public wrong). Such acts are forbidden and punishable by law.


UN Court

The International Court of Justice (French: Cour internationale de Justice; commonly referred to as the World Court or ICJ) is the primary judicial branch of the United Nations. It is based in the Peace Palace in The Hague, Netherlands. Its main functions are to settle legal disputes submitted to it by states and to provide advisory opinions on legal questions submitted to it by duly authorized international branches, agencies, and the UN General Assembly.


state law

A state government (provincial government in Canada) is the government of a country subdivision in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or be subject to the direct control of the federal government. This relationship may be defined by a constitution.

The reference to "state" denotes country subdivisions which are officially or widely known as "states", and should not be confused with a "sovereign state". Provinces are usually divisions of unitary states. Their governments, which are also provincial governments, are not the subject of this article.

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