Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
|
Buy Now
Gibbons v. Ogden - John Marshall, Steamboats and the Commerce Clause (Hardcover)
Loot Price: R2,174
Discovery Miles 21 740
|
|
Gibbons v. Ogden - John Marshall, Steamboats and the Commerce Clause (Hardcover)
Expected to ship within 12 - 17 working days
|
What began as a standoff between competing steamship entrepreneurs
ended as one of the Supreme Court's most significant cases. Gibbons
v. Ogden in 1824 brought into sharp relief the ongoing tug-of-war
for power between individual states and the federal government. By
applying the Commerce Clause of the Constitution, the Court set a
key precedent for federal authority. But, behind the scenes, the
""Steamboat Case"" also demonstrated Chief Justice John Marshall's
instrumental role as mediator on the bench. Untangling the issues
and the arguments in Gibbons, Herbert Johnson reveals the lasting
impact of this landmark case on both commerce in the Early Republic
and the understanding and growth of federal power during the last
200 years. Johnson brings the case's protagonists--including
Marshall and Daniel Webster--vividly to life and deftly illuminates
its key aspects: the ambiguity of the Court's judgment; Justice
William Johnson's nationalist-oriented concurring opinion;
Marshall's avoidance of such key issues as the role of the dormant
commerce clause and the relationship of foreign trade, interstate
commerce, and diplomatic relations; and Marshall's failure to
address patents and state monopolies. Perhaps most significant, the
author challenges the traditional view that Gibbons established
that the Constitution bestowed upon Congress an exclusive power to
regulate interstate commerce. Drawing on recent research into the
early Court, Johnson shows how Gibbons provides a salient example
of Marshall's ability to gain agreement despite severe differences
among his colleagues. No longer surrounded by fellow Federalists on
the bench, Marshall mustered all of his managerial skills to
achieve consensus, and his opinion for the Court reflected the
concessions and agreements that he engineered to achieve near
unanimity in a decision that favored federal power without
establishing a definitive endorsement of it. Johnson shows that the
outcome of this case was a key moment in the economic history of
the nation, heralding the expansion of entrepreneurship and
technology while justifying federal primacy in the regulation of
commerce. Concise and ideally suited for the classroom, his study
not only provides new insight into this landmark case but also
attests to its significance in the working of the early Court. This
book is part of the Landmark Law Cases and American Society series.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
|
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.