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1852 United States Supreme Court case
Cooley v. Board of Wardens The Commerce Clause extends to laws related to pilotage. State laws related to commerce powers can be valid if Congress is silent on the matter.
Chief Justice
Roger B. Taney
Associate Justices
Majority Curtis, joined by Taney, Catron, Nelson, Grier Concurrence Daniel Dissent McLean, joined by Wayne McKinley took no part in the consideration or decision of the case. Commerce Clause
Cooley v. Board of Wardens
Those who did not comply with the law had been required to pay a fee.
Benjamin R. Curtis
wrote for the majority, "It is the opinion of a majority of the court that the mere grant to Congress of the power to regulate commerce, did not deprive the States of power to regulate pilots, and that although Congress had legislated on this subject, its legislation manifests an intention, with a single exception, not to regulate this subject, but to leave its regulation to the several states."
The legal historian Charles W. McCurdy viewed Cooley as a defining case, which clarified the Court's hitherto-contradictory jurisprudence on state powers over interstate commerce.[ 1] David Currie said Curtis' interpretation of the commerce clause remained definitive for nearly a century after Cooley was decided.[ 2]
See also
References
External links
Dormant Commerce Clause
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