In 1824, the supreme court vastly expanded the powers of congress through a broad interpretation of a single clause in the constitution. The court ruled that under Article I, section 8, congress had powers to regulate any aspect of commerce that crossed state lines, including transportation. The specific case Gibbons v. Ogden, ruled that the State of New York could not grant exclusive steamboat navigation privileges to Livingston and Fulton (the Fulton Steamboat) overall the waters within the jurisdiction of that state. After successfully navigating the Hudson River in 1807, Robert Fulton and his partner Robert Livingston negotiated a deal with the New York State legislature for an exclusive, long-term contract to operate and license all steam-powered boats in the waters of New York. Livingston then extended this license to others like Aaron Ogden to operate steam-powered ferryboats between New York and New Jersey. Meanwhile, Thomas Gibbons obtained a license from the federal government to carry the same passengers from New Jersey to New York City. Since Gibbons had no license from New York, Ogden asked the New York Courts to issue an injunction forbidding Gibbons the right to land in the port of New York. New York courts obliged, and Gibbons appealed to the federal courts arguing that his federal license superseded the New York state requirements.
The case made it all the way to the Supreme Court where Chief Justice Marshall ruled that this violated the federal licensing act of 1793 by defining that the clause "Congress shall have power to regulate commerce among the several states" included not just interstate trade, but also 'intercourse' or navigation among the states. Perhaps influenced by this decision, President James Monroe understood that the Supreme Court justices time and focus should be "on all the great questions which arise under our Constitution". But instead, the judges also had the onerous task of traveling hundreds of miles each year servicing lower or "inferior" federal courts, also known as "circuit riding". In his 1824 annual address, James Monroe urged congress to remove this burden from the Supreme Court Justices.
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"The augmentation of our population with the expansion of our Union and increased number of States have produced effects in certain branches of our system which merit the attention of Congress. Some of our arrangements, and particularly the judiciary establishment, were made with a view to the original 13 States only. Since then the United States have acquired a vast extent of territory; eleven new States have been admitted into the Union, and Territories have been laid off for three others, which will likewise be admitted at no distant day.
An organization of the Supreme Court which assigns the judges any portion of the duties which belong to the inferior, requiring their passage over so vast a space under any distribution of the States that may now be made, if not impracticable in the execution, must render it impossible for them to discharge the duties of either branch with advantage to the Union. The duties of the Supreme Court would be of great importance if its decisions were confined to the ordinary limits of other tribunals, but when it is considered that this court decides, and in the last resort, on all the great questions which arise under our Constitution, involving those between the United States individually, between the States and the United States, and between the latter and foreign powers, too high an estimate of their importance can not be formed. The great interests of the nation seem to require that the judges of the Supreme Court should be exempted from every other duty than those which are incident to that high trust. The organization of the inferior courts would of course be adapted to circumstances. It is presumed that such an one might be formed as would secure an able and faithful discharge of their duties, and without any material augmentation of expense."
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140 Years Later
In 1964, the supreme court would once again hold the commerce clause as constitutional, when it decided that the congress acted perfectly valid in the methods it pursued to abolish racial discrimination. In Heart of Atlanta Motel, Inc. v. United States, the supreme court held that U.S. Congress had the power to force private business to abide by the Civil Rights act of 1964.Do you agree with President James Monroe when he said that no "too high an estimate of their importance can not be formed"?
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