Admiralty Lawyer & Attorney

The Commerce Clause

Under the US Constitution, the national Congress has the authority “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” This simple statement has been the basis for the creation of many Congressional powers not expressly mentioned in the Constitution, and has been the focus of several Supreme Court decisions displaying varying interpretations of its scope. It is known as the “commerce clause.”

Historically, the commerce clause has been invoked in very significant ways, though not always successfully. The first major precedent for using the commerce clause to expand federal authority was in 1824. In that year, the US Supreme Court ruled in Gibbons v. Ogden, a dispute between two competing ferry service operators: Aaron Ogden, who was given a monopoly on transport between New York and New Jersey by the state of New York, and Thomas Gibbons, who was licensed by the US Congress. Ogden, who wanted to preserve his monopoly, obtained a court injunction to keep Gibbons from entering into New York. He argued that Congress had no authority to interfere in his business, because “commerce” and “navigation” were two different jurisdictions.

The US Supreme Court, however, disagreed with Ogden’s argument. It stated that that the power to regulate ‘interstate commerce’ also implied the power to regulate ‘interstate navigation.’ According to Chief Justice John Marshall, it would be impossible for Congress to effectively govern interstate commerce if it could not regulate navigation as well, and therefore the two powers must both be delegated to Congress by the commerce clause.

The commerce clause has been a factor in many important government policies. For example, Franklin D. Roosevelt’s administration used it as justification of many of his New Deal programs. Although the Supreme Court originally struck down many of these programs, an eventual shift in the court marked the beginning of a period of expansion of federal powers that has lasted until the modern era.

One important branch of law which has its roots, at least partially, in the commerce clause, is federal admiralty law. Admiralty law governs the movement and trade of ships and seagoing vessels in the United States. There are also international admiralty laws which are concerned with ships moving through the jurisdictions of different nations.

Because it is difficult to regulate water-borne commerce and movement while dealing with the problem of jurisdiction, admiralty law is a very complex and often confusing field of law. It takes an experienced and specialized lawyer to effectively handle admiralty cases.

If you need legal advice regarding admiralty law, contact an admiralty lawyer from Williams Kherkher at 866-950-9000 for a free consultation.