Preview

Ogden V. Gibbons Case Analysis

Powerful Essays
Open Document
Open Document
1369 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Ogden V. Gibbons Case Analysis
This project will seek to analyze the commerce clause and the gains it has made in establishing price mechanisms in the free market. At the same time, various cases will be examined starting from the Ogden Vs. Gibbons case and their impact on the free market evaluated with key concern being emphasized on the role the congress played in ensuring that market equilibrium was achieved through supply and demand controls. The paper will also analyze various cases like the Wickard v. Filburn (1942), United States v. Darby Lumber Co. (1941), NLRB v. Jones & Laughlin Steel Corp. (1937), Baldwin v. G.A.F. Seelig, Inc. (1935), Cooley v. Board of Wardens (1851) and a deep analysis done to determine how the ruling of these cases played a huge part in determining …show more content…
These was after the state of New York created the act to control price fixing mechanisms between dealers and farmers in a bid to create fair trading grounds. The state had however stated that any Company which sought to trade in New York would need to sign the clause. These would lead to Seelig Corporation protesting the move and file a case in the Supreme Court stating that the clause infringed on the commerce clause. The Supreme Court ruled in favor of seelig stating that creation of minimum price controls by States was unconstitutional and infringed on the rights of the commerce clause ("Baldwin v. G.A.F. Seelig, Inc. – Case Brief Summary", …show more content…
The Jones & Laughlin steel Corp was therefore charged in 1937 for unfair labor practices and discrimination perpetrated against union workers. The Supreme Court upheld the decision in their ruling and stated that congress had the power and mandate to create legislation which governed labor practices across all the industries. In addition, they also stated that congress had the mandate of oversight thus ensuring that all interstate commerce and labor policies were followed ("NLRB v. Jones & Laughlin Steel Corp. – Case Brief Summary",

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Facts: On March 20, 1982, plaintiff Marybeth Atkins sustained serious injuries while skiing at Jimmy Peak Ski Resort. On December 5, 1984 plaintiff Marybeth Atkins sued defendant Jimmy Peak. Plaintiff alleged that her injuries were caused by defective ski equipment she had rented from the rental facility on the premises. She further alleged that the defendant failed to inspect ski equipment and the failure amounted to negligence and breach of contract. An amended complaint was filed on February 14, 1986, the plaintiff added counts that the defendant had breached warranties of merchantability and fitness for a particular purpose. The defendant moved for summary judgment which was granted by a judge of the Superior Court on the ground that the plaintiff’s action was barred by the statute of limitations. The case was transferred to Massachusetts’s Supreme Court by its own motion.…

    • 370 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In Morrison v. Olsen, the issue of the Independent Counsel Provision in the Ethics in Government Act of 1978 was challenged and the court decided that it was not unconstitutional because it did not violate the separation of powers by taking power from the Executive and giving more to the Judicial or Legislative branches. Alexia Morrison had been appointed as the independent counsel to investigate Morrison to see if he had violated federal law; he sued her arguing that the Independent Counsel had taken away powers from the executive. The majority held that Morrison was an “inferior officer” due to the ability of the Attorney General to remove her for “good cause”, she can only perform certain limited duties, she is limited in jurisdiction, and…

    • 365 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Gibbons Vs. Ogden Cases

    • 121 Words
    • 1 Page

    The increase of shipping by steamboats led to conflict over waterway rights. Let's start with the Gibbons vs. Ogden case, it was in 1819. When Aaron Ogden sued Thomas Gibbons for operating steamboats in New York that Ogden owned. The Gibbons vs. Ogden case didn't go to the Supreme Court till 1824. Where the the Supreme Court ruled in favor of Gibbons, and the federal government reinforce their right to regulate trade between the states by ending the monopolistic control over the waterways in some of the states.After the Supreme Court's dropped the monopolistic control the waterways, more and more companies were traveling over the waterways. That brought prices down and made it more affordable to people to buy there products.…

    • 121 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Facts: William E. Story had promised his nephew, William E. Story II, $5,000 if his nephew would abstain from drinking alcohol, using tobacco, swearing, and playing cards or billiards for money until the nephew reached 21 years of age. The uncle responded to his nephew in a letter dated February 6, 1875 in which he told his nephew that he would fulfill his promise. The uncle died a couple years later without sending the money to the nephew.…

    • 981 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In Gibbons v. Ogden, the Supreme Court held that the word commerce comprehended navigation, and that it had the power to regulate navigation. Secondly, the Supreme Court held that navigation involved the control of navigable waters, and included the power to keep them open and free from obstruction, and to make improvements. Thirdly, the Supreme Court concluded that under the commerce clause Congress had the power to authorize improvements in waters within the limits of a state…

    • 78 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    Case Brief Nash V. Auburn

    • 397 Words
    • 2 Pages

    Two Students of Auburn University David Nash and Donna Perry were accused of cheating on their anatomy exams, which was a violation of the Student Code of Professional Ethics at Auburn. At a university hearing which was to determine the merits of their charge, faculty and student witnesses testified they observed Nash and Perry cheating in various way and at multiple times during their exams. At the conclusion of the hearing the students were suspended from the university, they appealed with dean and then later the president of Auburn, who both agreed with the hearings judgment. The students then filed suit, arguing that Auburn suspended them based on constitutionally inadequate procedures that violated their rights under the due process clause. The district court entered judgment for Auburn, the students then appealed and the courts of appeals agreed with the district court decision.…

    • 397 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The landmark case that opened up the ability for business to operate across state lines was Gibbons v. Ogden. The case started in 1809, when the Legislature of the State of New York granted exclusive navigation privileges of all boats that moved by fire or stream in the waters within the jurisdiction of the state, for twenty years, to Robert R. Livingston and Robert Fulton (Livingston). They wanted a monopoly on a national network of steamboat lines, but were unsuccessful in their pursuit. Only the Orleans Territory awarded them a monopoly on the lower Mississippi (Livingston).…

    • 1646 Words
    • 7 Pages
    Better Essays
  • Better Essays

    Robinson-Patman Case

    • 1659 Words
    • 7 Pages

    The Supreme Court has ruled that price discrimination claims under the Robinson-Patman Act should be evaluated consistent with broader antitrust policies. In practice, Robinson-Patman claims…

    • 1659 Words
    • 7 Pages
    Better Essays
  • Good Essays

    The decision to regulate interstate commerce grew mostly out of the rebate, and long-haul, short-haul discriminations of the railroads. The growing feeling that the business were running their businesses only to end in a monopoly is led the Congress to…

    • 711 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Commerce laws are set forth to regulate Commerce among the several states,” the commerce laws states “States are free to regulate commerce so long as (1) it does not…

    • 450 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Joseph Lochner Case

    • 556 Words
    • 3 Pages

    Their decision was based around the Fourteenth Amendment. They agreed with Lochner that the Bakeshop Act of 1895 was unconstitutional because it takes away people’s liberty. Also, included in that is the right to contract. It cannot take away that right of someone, like Lochner, determining labor hours for him or the employees. The State of New York cannot restrict people under those circumstances.…

    • 556 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The United States legal system gives all people the right to an attorney to help defend the prosecuted individual. The court case Buck v. Davis shows how a person’s rights could be given but in a way that would go against the one being charged for a crime. Duane Buck is an African American who was tried for being involved in a murder of his ex-girlfriend and her friend in the state of Texas. Many different types of evidence showed that Duane Buck had committed that crime and his passed issues with the legal system. Buck was able to appeal this decision of the death penalty due to the violation of his rights.…

    • 1392 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Us vs Morrison

    • 955 Words
    • 4 Pages

    There are three broad categories under the Commerce Clause that is considered in the case. The first category states “Congress may regulate the use of the channels of interstate commerce.” Second, “Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities.” Third, “Congress’ commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce, i.e., those activities that substantially affect interstate commerce.” (Mallor, Barnes, Bowers, Langvardt, 2003)…

    • 955 Words
    • 4 Pages
    Better Essays
  • Better Essays

    The Anti-Trust Act

    • 1593 Words
    • 7 Pages

    In 1890 the Sherman Antitrust Act was initiated as the, “Protect[ion of] trade and commerce against unlawful restraints and monopolies”. The he federal government was allowed to get involved with this issue was because it was an interstate matter. The Sherman Act prohibits anticompetitive conduct on all American soil. Later, in 1914, the Clayton Antitrust was passed. This act was passed because congress was dealing with matters that fell right outside the scope of the Sherman Antitrust Act . This act extended the jurisdiction of congress by adding some key elements. One, it is unlawful to “discriminate in price between different purchasers of commodities, which commodities are sold for use… within the United States or any Territory…, where the effect of such discrimination may be to substantially lessen competition or tend to create a monopoly in any line of commerce”. Two, “that discrimination in price between purchasers of commodities on account of differences in the grade, quality, or quantity of the commodity sold, or that makes only due allowance for difference in the cost of selling or transportation, or discrimination in price in the same or different communities made in good faith to meet competition”. The Clayton Act has over twenty sections and each section contains the words “Action done to prevent or lesson competition” numerously in various ways. America wants…

    • 1593 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Over the course of our time the commerce clause has been a primary source for regulatory expansion of the nation’s government. This leads me to my first question. What is the Commerce Clause? The Commerce Clause which can be found in Article 1, Section 8, Clause 3 of our Constitution states that it gives congress the power to regulate commerce with foreign nations, and among several states, and with the Indian Tribe. In the business world this clause tends to have the most impact over any other clause that is stated in the United States Constitution.…

    • 481 Words
    • 2 Pages
    Good Essays