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Constitutional Law Keyed to Farber
Gibbons v. Ogden
Citation:
22 U.S. (9 Wheat.) 1 (1824)Facts
Chief Justice addressed the argument that although the power of Congress to regulate commerce with foreign nations, and among the several states, be co-extensive with the subject itself, and have no other limits than are prescribed in the constitution, yet the states may severally exercise the same power, within their respective jurisdictions. In support of this argument, it is said that they possessed it as an inseparable attribute of sovereignty, before the formation of the constitution, and still retain it. The appellant, conceding those postulates, contends that full power to regulate a particular subject, implies the whole power, and leaves no residuum; that a grant of the whole is incompatible with the existence of a right in another to any part of it.
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