WorksheetsUnit 4 Lesson 10 - Gibbons v. Ogden (Q2)
Total questions: 7
Worksheet time: 34mins
Gibbons v. Ogden (1824)
Unanimous Opinion by John Marshall
About This Document
By 1824, steamboats had become a fast and efficient way to move goods and people. The state of New York had granted Aaron Ogden an exclusive license to operate steamboats on the Hudson River, which forms the border between New York and New Jersey. According to New York law, only Ogden was allowed to run steamboats on the New York side of the river. The case arose because Thomas Gibbons had obtained a federal license to operate steamboats and was transporting passengers between New York and New Jersey. When Ogden tried to block Gibbons from operating in New York waters, Gibbons sued.
The Constitution clearly states that Congress has the power “to regulate commerce with foreign nations, among the several states, and with the Indian tribes.” The question the Court had to decide was whether the state of New York also had the authority to pass laws affecting trade between New York and New Jersey, or if that power belonged exclusively to the federal government.
What has happened in our unit story by the time this document was created? Select all that apply.
Monroe is president during the “Era of Good Feelings.”
The state of New York has granted a license to operate steamboats on the Hudson River to Aaron Ogden.
Aaron Ogden is being sued by Thomas Gibbons.
Thomas Gibbons has a license from the federal government
Thomas Gibbons is transporting passengers between New York and New Jersey.
Gibbons v. Ogden (1824)
Unanimous Opinion by John Marshall
[1] The genius and character of the whole government seem 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, which do not affect other States… The completely internal commerce of a State, then, may be considered as reserved for the State itself.
Select the option that best replaces the underlined word from your text.
"The genius and character of the (a) seem to be..."
In the first sentence of paragraph one (it’s a long sentence!), what does Marshall say is the proper area of action for the federal government?
External matters and general internal matters between the states.
Only external matters.
Only general internal matters between the states.
Only internal matters inside of any given state.
In the last sentence of paragraph one, what specific thing does Marshall say is the responsibility of state governments?
Trade that occurs entirely within a state.
Trade that occurs entirely outside a state.
Trade that occurs between states.
Gibbons v. Ogden (1824)
Unanimous Opinion by John Marshall
[2] …[T]he acts of New York must yield to the law of Congress; … This opinion has been frequently expressed in this court, and is founded as well on the nature of the government as on the words of the Constitution.
Select the option that best replaces the underlined word from your text.
"…[T]he acts of New York must (a) the law of Congress;"
Select the option that best replaces the underlined word from your text.
"and is (a) . . . on the nature of the government as on the words of the Constitution."
Summarize paragraph two.
New York law must give way to federal law, as said many times before.
This is a unique case, and New York law must give way to federal law.
New York law is more important than the federal government's laws, or the Constitution.
Unlike what they've said many times, New York law does not have to give way to federal law.
Gibbons v. Ogden (1824)
Unanimous Opinion by John Marshall
[3] In argument, however, it has been contended that, if a law passed by a state … comes into conflict with a law passed by Congress in pursuance of the Constitution, they affect … each other like equal opposing powers.
Select the option that best replaces the underlined word from your text.
"it has been (a) that, if a law passed by a state"
Select the option that best replaces the underlined word from your text.
"a law passed by Congress (a) the Constitution"
In paragraph three, Marshall describes an argument that was made before the court.
What is that argument?
If state and federal laws contradict each other, they should be treated as equally valid.
If state and federal laws contradict each other, the federal law is more important.
If state and federal laws contradict each other, state law is more important.
It is literally impossible for state and federal law to contradict each other.
Gibbons v. Ogden (1824)
Unanimous Opinion by John Marshall
[4] But the framers of our Constitution foresaw this state of things and provided for it by declaring the supremacy not only of itself but of the laws made in pursuance of it. …In every such case, the act of Congress … is supreme; and the law of the state, … must yield to it.
Select the option that best replaces the underlined word from your text.
But the framers of our Constitution foresaw this state of things and (a) for it
In paragraph four, what does Marshall say about the argument he describes in paragraph three?
The framers expected this problem and prepared for it by saying the Constitution is superior to state laws.
The framers were unable to predict this kind of problem, so we have to assume their intent was for the Constitution to be superior to state laws.
The framers expected this problem, but they did not have a solution, so they left it for the courts to decide.
The framers expected this problem and prepared for it by saying state laws are superior to the Constitution.
Gibbons v. Ogden (1824)
Unanimous Opinion by John Marshall
[5] This court is of opinion that so much of the several laws of the state of New York as prohibits vessels, licensed according to the laws of the United States, from navigating the waters of the state of New York, … is repugnant to the … Constitution and void.
Select the option that best replaces the underlined word from your text.
"is (a) the … Constitution and void."
Summarize paragraph five.
New York’s steamboat law is unconstitutional and therefore has no legal effect.
New York's steamboat law is unconstitutional, but it is still more important than the constitution.
New York's steamboat law is perfectly constitutional, and therefore stands recognizes the claims of Aaron Ogden.
Steamboats are cool . . . what was the question again?
Gibbons v. Ogden (1824)
Unanimous Opinion by John Marshall
[1] The genius and character of the whole government seem 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, which do not affect other States… The completely internal commerce of a State, then, may be considered as reserved for the State itself.
[2] …[T]he acts of New York must yield to the law of Congress; … This opinion has been frequently expressed in this court, and is founded as well on the nature of the government as on the words of the Constitution.
[3] In argument, however, it has been contended that, if a law passed by a state … comes into conflict with a law passed by Congress in pursuance of the Constitution, they affect … each other like equal opposing powers.
[4] But the framers of our Constitution foresaw this state of things and provided for it by declaring the supremacy not only of itself but of the laws made in pursuance of it. …In every such case, the act of Congress … is supreme; and the law of the state, … must yield to it.
[5] This court is of opinion that so much of the several laws of the state of New York as prohibits vessels, licensed according to the laws of the United States, from navigating the waters of the state of New York, … is repugnant to the … Constitution and void.
Why does Marshall make the point that he does in paragraph one before he issues the ruling that he does in paragraph five?
Since he's ruling in favor of a strong national government, he wants to make clear that the national government doesn't have unlimited power.
Since he's ruling in favor of a strong national government, he doesn't want to offend the Democratic-Republicans who are in charge right now.
Since he's ruling in favor of the state this one time, he doesn't want the states to get any ideas and start negating all federal laws.
He's not really sure what he's doing, so he tries to hide his indecision behind a lot of legal mumbo-jumbo.
In paragraph two, why do you think Marshall says that “this opinion” (that state law must yield to federal law) “has been frequently expressed in this court”?
He's trying to show that the ruling doesn't expand federal power, it just maintains consistency with previous rulings.
He knows that his ruling will strengthen federal power, so he's trying to hide it by making it look like the decision has been made before.
He's afraid the federal government might go too far, so he wants to make sure that they don't start over-reaching into state affairs.
He's starting to get really annoyed with all the laws that states keep passing that are in direct contradiction with the Constitution.
Mark the following assumption TRUE or FALSE based on your interpretation of Marshall’s decision:
The United States will thrive economically if it is easy to move people and products between states.
TRUE
FALSE
Mark the following assumption TRUE or FALSE based on your interpretation of Marshall’s decision:
Strong state governments are crucial to protecting individual liberties.
TRUE
FALSE
Mark the following assumption TRUE or FALSE based on your interpretation of Marshall’s decision:
A strong national government will eventually crush the state governments.
TRUE
FALSE
Use Gibbons v. Ogden to answer our Q2: What did John Marshall think about the relationship between state and federal laws and why?
