Gibbons V. Ogden

in 1819

The power over interstate commerce is in the hands of the congress

congress has the power to regulate commerce

the emancipation proclamation of interstate commerce.

The freeflow of goods without worrying about state laws that would defer

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 Gibbons asserted that the Act of Congress superseded the exclusive privilege granted by the state of New York.