Chief Justice Marshall, opinion of the court, Gibbons v. Ogden (1824)

Question

"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 1
Use the excerpt to answer the questions.

Match each of the quotes from John Marshall's opinion to its correct paraphrase.

One of the options will not be used.

You may use the check answer button two times.

(3 points)
Put responses in the correct input to answer the question. Select a response, navigate to the desired input and insert the response. Responses can be selected and inserted using the space bar, enter key, left mouse button or touchpad. Responses can also be moved by dragging with a mouse.
"The subject to be regulated is commerce, and . . . it becomes necessary to settle the meaning of the word. The counsel for the appellee would limit it to traffic, to buying and selling, or the interchange of commodities, and do not admit that it comprehends 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.”
Question 2
Which of the following best summarizes this excerpt from John Marshall’s opinion? (1 point)
Responses

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 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 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.

Answer 1

Question 1: Match each of the quotes from John Marshall's opinion to its correct paraphrase.

1. Quote: "The subject to be regulated is commerce, and . . . it becomes necessary to settle the meaning of the word. The counsel for the appellee would limit it to traffic, to buying and selling, or the interchange of commodities, and do not admit that it comprehends navigation. . . ."

   • Paraphrase: The definition of commerce is being debated, with one side arguing that it only means trade and not navigation.

2. Quote: "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. . . ."

   • Paraphrase: The term 'commerce' includes navigation, as has always been recognized by all of America, even at the time the Constitution was created.

3. Quote: "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."

   • Paraphrase: Commerce between states is not limited by state borders and can extend into the areas within each state.

Question 2: Which of the following best summarizes this excerpt from John Marshall’s opinion?

• Response: The transportation and navigation of goods is part of the constitutional definition of commerce.