Gibbons v Ogden Decision Fair or Unfair :: essays papers

Gibbons v Ogden Decision Fair or UnfairThe decision in the Gibbons v. Ogden slickness is, in my opinion, a very justand fair one. Many believe it to be the first anti- trust decision in U.S.history. The economic results cannot be over-estimated, a differentdecision could have resulted in completely different circumstances than withwhich we are accustomed to today. The free flow of commerce, which weseem to almost take for minded(p) in modern economics and tune, may havenever been a possibility without decisions such as this. Monopolies did notallow for equal division of business and therefore was unjust. If all men arecreated equal they should be practicen equal opportunities. The spick-and-span YorkLivingston-Fulton monopoly clearly subjected any potential competition toharsh conditions that would figure out it impossible for them to keep up in theirbusiness. Travel by steamboat was much faster than any other means in thetime of this case and to give complete control to only one partnership wasunfair. Under the constitution Congress has the right to regulate commerce. Although the monopoly was a form of internal state handle regulation itdirectly impacted on inter-state trade after a number of states passed impartialitysto come back at the New York monopoly. Therefore, Congress had the rightto come in and end the monopoly. To completely understand the impact of the Gibbons-Ogden decisionit is necessary to understand the situation surrounding it. In 1798 Robert R.Livingston secured an exclusive twenty year grant from the New Yorklegislature. By the terms of this grant he could exclusively navigate bysteam the rivers and other waters of the state, provided that within twoyears he should form a boat which would make four miles an hour against thecurrent of the Hudson River. The legislature had no faith whatsoever in theproject but the decision was settle down made against the many jeers. The termsof the grant were not met and it was rene wed in 1803, this time toLivingston and his new partner, Robert Fulton. It was renewed once more in1807 and finally that portentous Fultons steamboat made its first successfultrip from New York to Albany. The following year the Legislature, fullyaware of the practical significance of Fultons achievement, passed a lawstating that for each new boat navigated on New York waters by Fulton andLivingston that they should be provided with a five year extension to theirmonopoly, which may not die thirty years.