"The subject to be regulated is commerce, and . . . it becomes necessary to settle the meaning of the word. The counsel for the appellee [party appealing to a higher court] would limit it to traffic, to buying and selling, or the interchange of commodities, and do not admit that it comprehends [includes] navigation. . . . All America understands, and has uniformly understood, the word "commerce" to comprehend navigation. It was so understood, and must have been so understood, when the Constitution was framed. . . .
The word ‘among’ means intermingled with. A thing which is among others is intermingled with them. Commerce among the States cannot stop at the external boundary line of each State, but may be introduced into the interior.”
—Chief Justice John Marshall, opinion of the court, Gibbons v. Ogden (1824)
Question
Which of the following best summarizes this excerpt from John Marshall’s opinion?
(1 point)
The definition of commerce is differently interpreted by each state.
The most important area involving commerce is in securing the national economy.
The buying and selling of goods across state borders ought to fall under stricter laws.
The transportation and navigation of goods is part of the constitutional definition of commerce
The transportation and navigation of goods is part of the constitutional definition of commerce.
The transportation and navigation of goods is part of the constitutional definition of commerce.
The correct answer is: The transportation and navigation of goods is part of the constitutional definition of commerce.
Chief Justice John Marshall's opinion in Gibbons v. Ogden clarifies the definition of commerce as it pertains to the Constitution. The counsel for the appellee argued that commerce only referred to buying and selling, while Marshall argues that it also includes navigation. Marshall explains that the word "commerce" has always been understood to encompass navigation in America and that it cannot be limited to merely the external boundaries of each state. Therefore, the transportation and navigation of goods is part of the constitutional definition of commerce.