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Constitutional Law Keyed to Barnett
Wilson v. Black Bird Creek Marsh Co.
Citation:27 U.S. (2 Pet.) 245 (1829)
Delaware passed a law authorizing a company to build a dam. The company sued Wilson (defendant) because his boat broke the dam that was previously in the river. Defendant Wilson argued that he could not be sued under state law, because the creek was a waterway available to all citizens of the United States, and by attempting to regulate construction of the dam, Delaware was violating Congress’s sole power to regulate interstate commerce under the Commerce Clause.
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