1. Wilson v. Black Bird Creek Marsh Co., (1829)
2. Facts: The ∆ company was authorized by Delaware law to put a dam across Black Bird creek, which was a navigable waterway flowing into the Delaware river. π crashed through the dam, and was successfully sued by the ∆ company for damages.
3. Procedural Posture: Wilson brought this action to invalidate the Delaware law as being in conflict with Congress’ power under the commerce clause to regulate interstate commerce, which was conducted on the Creek.
4. Issue: Whether the Delaware law authorizing the ∆ to dam up the navigable waterway was constitutional.
5. Holding: Yes.
6. Majority Reasoning: Marshall reasoned that the power to increase the value of the surrounding property, as well as the health of the inhabitants was well within the power of the states as long as it did not conflict with the powers of the federal government. But since Congress had passed no acts over this creek, the repugnancy of the Delaware law must be measured wholly according to its repugnancy to the dormant commerce power. In this case, the Delaware law can not be considered as repugnant to the dormant commerce power.
