"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)
Responses
The definition of commerce is differently interpreted by each state.
The definition of commerce is differently interpreted by each state.
The most important area involving commerce is in securing the national economy.
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 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.
To arrive at this answer, we can analyze Chief Justice John Marshall's opinion in the excerpt. In the excerpt, he discusses the meaning of the word "commerce" as it pertains to the constitution. Marshall argues that the word "commerce" includes both traffic (buying and selling) as well as navigation. He states that this understanding of commerce is widely held in America and must have been so when the Constitution was written. He emphasizes that commerce among states cannot be limited to the external boundaries of each state, but can be introduced into the interior. This shows that Marshall is asserting that the transportation and navigation of goods is an integral part of the constitutional definition of commerce.