Does a state have the power to grant an exclusive right

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Reference no: EM131920121

Gibbons v. Ogden, 22 U.S. 1, 9 Wheat. 1, 6 L. Ed. 23 (1824).

McCulloch v. Maryland , ERROR TO THE COURT OF APPEALS OF THE STATE OF MARYLAND

Supreme Court of the United States WICKARD, Secretary of Agriculture, et al. v. FILBURN.

No. 59.
Reargued Oct. 13, 1942.
Decided Nov. 9, 1942.

Facts

New York granted Robert R. Livingston and Robert Fulton the exclusive right of steam boat navigation on New York state waters. Livingston assigned to Ogden the right to navigate the waters between New York City and certain ports in New Jersey.

Ogden (P) brought this lawsuit seeking an injunction to restrain Gibbons (D) from operating steam ships on New York waters in violation of his exclusive privilege.

Ogden was granted the injunction and Gibbons appealed, asserting that his steamships were licensed under the Act of Congress entitled "An act for enrolling and licensing ships and vessels to be employed in the coasting trade and fisheries, and for regulating the same." Gibbons asserted that the Act of Congress superseded the exclusive privilege granted by the state of New York.

The Chancellor affirmed the injunction, holding that the New York law granting the exclusive privilege was not repugnant to the Constitution and laws of the United States, and that the grants were valid. Gibbons appealed and the decision was affirmed by the Court for the Trial of Impeachments and Correction of Errors, the highest Court of law and equity in the state of New York. The Supreme Court granted certiorari.

Issues

1. May a state enact legislation that regulates a purely internal affair regarding trade or the police power, or is pursuant to a power to regulate interstate commerce concurrent with that of Congress, which confers a privilege inconsistent with federal law?

2. Do states have the power to regulate those phases of interstate commerce which, because of the need of national uniformity, demand that their regulation, be prescribed by a single authority?

3. Does a state have the power to grant an exclusive right to the use of state waterways inconsistent with federal law?

Reference no: EM131920121

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