1. Gibbons v. Ogden, Part II (1824)
2. Facts: See above Part I.
3. Procedural Posture: See above Part I.
4. Issue: Whether a state has the right to pass laws which affect interstate commerce concurrently with that of Congress.
5. Holding: No.
6. ∏ Argument: The states may severally exercise the same power to regulate commerce within their respective jurisdictions as Congress has with regard to interstate commerce. The states possessed this right before the Constitution, and so it is reserved to them under the 10th amendment to the extent that Congress has not acted on it.
7. ∆ Argument: The full power to regulate interstate commerce rests with Congress. Thus, there is no residual power left to the states because the grant of the whole power is inconsistent with the existence of a residual power. The words “to regulate” require the grant of the full power.
8. Majority Reasoning: Marshall reasoned that a Congressional power could, in some cases, be concurrently exercised by the states. For example, the power to tax was shared by both Congress and the states. However, the power to regulate interstate commerce could not be shared because it is by its very nature, unsharable. The states still have the power to pass “police” laws, such as inspection and quarantine laws and the like which act upon a good in preparation for interstate shipment, but this is quite different from having the power to pass laws which actually regulate interstate commerce. Although the devices by which the power is exercised may appear to be the same between Congress and the states, that does not mean that the power is the same. Even if a state law encroaches upon a commerce area that the Congress has left untouched, the action necessarily interferes with Congress’ commerce power if it regulates interstate commerce. Thus, it is immaterial whether the state law was passed for local “police” purposes if it conflicts with Congress’ ability to exercise the commerce power. The law here is then unconstitutional under the Supremacy Clause.
