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 ad selling, r the interchange of commodities,and do not admit that it comprehends (includes) navigation... All America understands, an 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 mean intermingled with. A thing which is among others intermingled with them. Commerce among the states cannot stop at 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
In this statement, the subject under discussion is commerce and specifically the definition of the word "commerce." The counsel for the appellee argues that commerce should be limited to traffic, buying and selling, and the exchange of commodities, and does not include navigation. However, the statement asserts that in America, the word commerce has always been understood to encompass navigation. This understanding must also have been present when the constitution was written.
Chief Justice John Marshall, in the court's opinion on the case Gibbons v Ogden in 1824, further supports this understanding by stating that the word "among" means intermingled with. According to Marshall, commerce among the states cannot be limited to the external boundary line of each state but can extend into the interior.
In the case of Gibbons v Ogden in 1824, the subject being regulated was commerce. The counsel for the appellee argued that commerce should be limited to traffic, buying and selling, and the interchange of commodities, excluding navigation from its definition. However, Chief Justice John Marshall stated that the word commerce, as understood by all of America, includes navigation. He further explained that "among" means intermingled with, suggesting that commerce among the states should not be limited to the external boundary lines of each state but should also apply to commerce introduced into the interior of the states. This interpretation of commerce as including navigation is significant in the context of regulating interstate trade.
In this passage, it is discussing the interpretation and definition of the word "commerce" in the context of the regulation of commerce. The counsel for the appellee argues that commerce should be limited to only traffic, buying and selling, and the exchange of commodities, excluding navigation. On the other hand, the passage states that all of America, at the time of the framing of the constitution, understood and interpreted commerce to include navigation.
To understand the passage fully, it's important to know the historical context. The passage is referring to a specific court case called Gibbons v Ogden in 1824, where the Supreme Court of the United States was deciding the extent of the federal government's power to regulate interstate commerce. Chief Justice John Marshall, who wrote the court's opinion, is quoted in the passage.
To get a complete understanding of the arguments and reasoning presented in this passage, you can:
1. Read the full text of Chief Justice John Marshall's opinion in the Gibbons v Ogden case. This will provide a more detailed explanation of the court's reasoning and interpretation of the word "commerce."
2. Study further legal precedents and interpretations of the commerce clause in the United States Constitution. This will help you understand the historical context and legal framework within which this passage is situated.
3. Research the different arguments surrounding the interpretation of the commerce clause in the United States. This can include examining historical documents, debates, and scholarly articles that discuss the meaning and scope of commerce as understood by the framers of the Constitution.
By doing these things, you will gain a deeper understanding of the arguments put forth in this passage and the broader context in which they are situated.