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Constitutional Law Keyed to Choper
Gibbons v. Ogden
Citation:22 U.S. (9 Wheat.) 1, 6 L.Ed. 23 (1824).
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Ogden claimed that, by virtue of a New York State steamboat license, he possessed exclusive rights to transportation between New York and New Jersey and that those rights were being infringed upon by Gibbons, who was operating steamboats on the same path. Gibbons was licensed to participate in the “coasting trade” under a federal statute and claimed that that federal license gave him the right to navigate the New York-New Jersey path. Ogden obtained an injunction to prevent Gibbons from using the same waterway. Gibbons appealed, arguing that the New York law purporting to give exclusive privilege of the waterway to Ogden conflicts with the Commerce Clause.
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