"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?
A. The definition of commerce is differently interpreted by each state.
B. The most important area involving commerce is in securing the national economy.
C. The buying and selling of goods across state borders ought to fall under stricter laws.
D. The transportation and navigation of goods is part of the constitutional definition of commerce.
D. The transportation and navigation of goods is part of the constitutional definition of commerce.
Of the following choices, which ones influenced the emergence of opposing political parties? Select all that apply.
A. mounting pressure from Britain to further establish government
B. increase in the distribution of newspapers
C. differences in opinion on how much power federal government should have
D. looming threat of war with France
B. increase in the distribution of newspapers
C. differences in opinion on how much power federal government should have
D. looming threat of war with France
The correct answer is D. The transportation and navigation of goods is part of the constitutional definition of commerce.
To arrive at this answer, we need to analyze the excerpt from Chief Justice John Marshall's opinion in Gibbons v. Ogden. In the excerpt, Marshall discusses the meaning of the word "commerce" as it pertains to the regulation of commerce by the federal government.
Marshall explains that the counsel for the appellee (the party appealing to a higher court) wants to limit the definition of commerce to just buying and selling or the exchange of commodities, excluding navigation. However, Marshall argues that the word "commerce" has always been understood to encompass navigation as well. He asserts that when the Constitution was framed, "all America" (referring to the people of the United States) understood and uniformly believed that commerce included navigation.
Marshall goes on to explain that the word "among" in the phrase "commerce among the States" means intermingled with. Therefore, commerce among the states cannot be limited to the external boundary of each state, but can also extend into the interior. This implies that the transportation and navigation of goods is an integral part of commerce among the states.
From this analysis, it becomes clear that the best summary of this excerpt is that the transportation and navigation of goods is part of the constitutional definition of commerce, which aligns with option D.