The Supreme Court Case of Gibbons v. Ogden

The case of Gibbons v. Ogden, decided by the U.S. Supreme Court in 1824, was a major step in the expansion of the power of the federal government to deal with challenges to U.S. domestic policy. The decision confirmed that the Commerce Clause of the Constitution granted Congress the power to regulate interstate commerce, including the commercial use of navigable waterways.   Fast Facts: Gibbons v. Ogden Case Argued: February 5—February 9, 1824Decision Issued:  March 2, 1824Petitioner:  Thomas Gibbons (appellant)Respondent:  Aaron Ogden (appellee)Key Questions: Was it within New York State’s rights to issue laws regarding navigation within its jurisdiction, or does the Commerce Clause give Congress authority over interstate navigation?Unanimous Decision: Justices Marshall, Washington, Todd, Duvall, and Story (Justice Thompson abstained)Ruling:  As interstate navigation fell under interstate commerce, New York could not interfere with it, and the law was therefore invalid. Circumstances of Gibbons v. Ogden In 1808, the state government of New York awarded a private transport company a virtual monopoly to operate its steamboats on the state’s rivers and lakes, including rivers that ran between New York and adjoining states. This state-sanctioned steamboat company granted Aaron Ogden a license to operate steamboats between Elizabethtown Point in New Jersey and New York City. As one of Ogden’s business partners, Thomas Gibbons, operated his steamboats along the same route under a federal coasting license issued to him by an act of Congress. The Gibbons-Ogden partnership ended in dispute when Ogden claimed that Gibbons was undercutting their business by unfairly competing with him. Ogden filed a complaint in the New York Court of Errors seeking to stop Gibbons from operating his boats. Ogden argued that the license granted to him by the New York monopoly was valid and enforceable even though he operated his boats on shared, interstate waters. Gibbons disagreed arguing that the U.S. Constitution gave Congress the sole power over interstate commerce. The Court of Errors sided with Ogden. After losing his case in another New York court, Gibbons appealed the case to the Supreme Court, which ruled that the Constitution grants the federal government the overriding power to regulate how interstate commerce is conducted. Some of the Parties Involved The case of Gibbons v. Ogden was argued and decided by some of the most iconic lawyers and jurists in U.S. history. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley represented Ogden, while U.S. Attorney General William Wirt and Daniel Webster argued for Gibbons. The decision of the Supreme Court was written and delivered by America’s fourth Chief Justice John Marshall. â€Å". . . Rivers and bays, in many cases, form the divisions between States; and thence it was obvious, that if the States should make regulations for the navigation of these waters, and such regulations should be repugnant and hostile, embarrassment would necessarily happen to the general intercourse of the community. Such events had actually occurred, and had created the existing state of things.†Ã‚  Ã¢â‚¬â€ John Marshall — Gibbons v. Ogden, 1824 The Decision In its unanimous decision, the Supreme Court ruled that Congress alone had the power to regulate interstate and coastal trade. The decision answered two pivotal questions about the Constitution’s Commerce Clause: First, exactly what constituted â€Å"commerce?† And, what did the term â€Å"among the several states† mean? The Court held that â€Å"commerce† is the actual trade of commodities, including the commercial transportation of commodities using navigation. Also, the word â€Å"among† meant intermingled with† or cases in which one or more states had an active interest in the commerce involved. Siding with Gibbons, the decision read, in part:   If, as has always been understood, the sovereignty of Congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations and among the several states is vested in Congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the Constitution of the United States. The Significance of Gibbons v. Ogden   Decided 35 years after the ratification of the Constitution, the case of Gibbons v. Ogden represented a significant expansion of the power of the federal government to address issues involving U.S. domestic policy and the rights of the states. The Articles of Confederation had left the national government virtually powerless to enact policies or regulations dealing with the actions of the states. In the Constitution, the framers included the Commerce Clause in the Constitution to address this problem. Though the Commerce Clause gave Congress some power over commerce, it was unclear just how much. The Gibbons decision clarified some of these issues. John Marshall’s Role In his opinion, Chief Justice John Marshall provided a clear definition of the word â€Å"commerce† and the meaning of the term, â€Å"among the several states† in the Commerce Clause. Today, Marshall’s is regarded as the most influential opinions concerning this key clause.​ ... Few things were better known, than the immediate causes which led to the adoption of the present constitution ... that the prevailing motive was to regulate commerce; to rescue it from the embarrassing and destructive consequences, resulting from the legislation of so many different States, and to place it under the protection of a uniform law.†Ã¢â‚¬â€John Marshall—Gibbons v. Ogden, 1824 Updated by Robert Longley

The Scarlet Letter By Nathaniel Hawthorne - 1714 Words

Some two hundred years following the course of events in the infamous and rigid Puritan Massachusetts Colony in the 1600s, Nathaniel Hawthorne, descendant of a Puritan magistrate, in the 19th century, published The Scarlet Letter. Wherein such work, Hawthorne offered a social critique against 17th Massachusetts through the use of complex and dynamic characters and literary Romanticism to shed light on said society’s inherent contradiction to natural order and natural law. In his conclusive statements regarding the life of Hester Prynne in relation to the extreme severity of the Puritan society from which she came, Hawthorne keenly and subtly reprimands aforementioned society. When discussing the acceptance of the ostentatious scarlet letter itself, Hawthorne remarks, â€Å"Throughout the remainder of Hester’s life, there were indications that the recluse of the scarlet letter was an interest with the inhabitants of another land†¦ letters came with armorial seals, though bearings unknown to English heraldry†(Hawthorne 165). Despite Puritan society not being explicitly mentioned, it is implied that for the remainder of her life, individuals who resided with Massachusetts Bay refused to communicate feelings of cordiality, verbally or not, with Hester. Only subjects of other sovereigns and of other states throughout the world were intrigued by Hester, her offense, and the letter that rested upon her chest. By acknowledging that the heraldry on the letters differed from that of theShow MoreRelatedThe Scarlet Letter By Nathaniel Hawthorne1242 Words   |  5 PagesLYS PAUL Modern Literature Ms. Gordon The Scarlet Letter The scarlet letter is book written by Nathaniel Hawthorne who is known as one the most studied writers because of his use of allegory and symbolism. He was born on July 4, 1804 in the family of Nathaniel, his father, and Elizabeth Clark Hathorne his mother. Nathaniel added â€Å"W† to his name to distance himself from the side of the family. His father Nathaniel, was a sea captain, and died in 1808 with a yellow fever while at sea. That was aRead MoreThe Scarlet Letter By Nathaniel Hawthorne960 Words   |  4 Pages3H 13 August 2014 The novel, The Scarlet Letter, was written by the author Nathaniel Hawthorne and was published in 1850 (1). It is a story about the Puritan settlers of the Massachusetts Bay Colony, set around 1650 (2). The story is written in the third person with the narrator being the author. The common thread that runs through this novel is Hawthorne’s apparent understanding of the beliefs and culture of the Puritans in America at that time. But Hawthorne is writing about events in a societyRead MoreThe Scarlet Letter, By Nathaniel Hawthorne919 Words   |  4 Pagessymbolism in Nathaniel Hawthorne’s â€Å"The Scarlet Letter†. Symbolism is when an object is used in place of a different object. Nathaniel Hawthorne is one of the most symbolic writers in all of American history. In â€Å"The Scarlet Letter†, the letter â€Å"A† is used to symbolize a variety of different concepts. The three major symbolistic ideas that the letter â€Å"A† represents in Nathaniel Hawthorne’s â€Å"The Scarlet Letter† are; shame, guilt, and ability. In Nathaniel Hawthorne’s â€Å"The Scarlet Letter†, the firstRead MoreThe Scarlet Letter By Nathaniel Hawthorne1397 Words   |  6 PagesFebruary 2016 The Scarlet Letter was written by Nathaniel Hawthorne in 1850 which is based on the time frame of the Puritans, a religious group who arrived in Massachusetts in the 1630’s. The Puritans were in a religious period that was known for the strict social norms in which lead to the intolerance of different lifestyles. Nathaniel Hawthorne uses the puritan’s strict lifestyles to relate to the universal issues among us. The time frame of the puritans resulted in Hawthorne eventually thinkingRead MoreThe Scarlet Letter By Nathaniel Hawthorne999 Words   |  4 Pages Nathaniel Hawthorne is the author of the prodigious book entitled The Scarlet Letter. In The Scarlet Letter, Hester Prynne commits adultery with Reverend Arthur Dimmesdale. Her husband, Roger Chillingworth, soon finds out about the incident after it becomes clear that she is pregnant. The whole town finds out and Hester is tried and punished. Meanwhile, Roger Chillingworth goes out then on a mission to get revenge by becoming a doctor and misprescribing Dimmesdale. He does this to torture DimmesdaleRead MoreThe Scarlet Letter, by Nathaniel Hawthorne1037 Words   |  5 Pagesthat human nature knows right from wrong, but is naturally evil and that no man is entirely â€Å"good†. Nathaniel Hawthorne, author of the classic novel The Scarlet Letter, believes that every man is innately good and Hawthorne shows that everyone has a natural good side by Hester’s complex character, Chillingworth’s actions and Dimmesdale’s selfless personality. At the beginning of the Scarlet Letter Hester Prynne is labeled as the â€Å"bad guy†. The townspeople demand the other adulterer’s name, butRead MoreThe Scarlet Letter By Nathaniel Hawthorne1517 Words   |  7 PagesNathaniel Hawthorne composes Pearl as a powerful character even though she is not the main one. Her actions not only represent what she is as a person, but what other characters are and what their actions are. Hawthorne makes Pearl the character that helps readers understand what the other characters are. She fits perfectly into every scene she is mentioned in because of the way her identity and personality is. Pearl grows throughout the book, which in the end, help the readers better understandRead MoreThe Scarlet Letter, By Nathaniel Hawthorne1488 Words   |  6 Pages In Nathaniel Hawthorne’s novel The Scarlet Letter, the main character, Hester Prynne, is a true contemporary of the modern era, being cast into 17th century Puritan Boston, Massachusetts. The Scarlet Letter is a revolutionary novel by Nathaniel Hawthorne examining the ugliness, complexity, and strength of the human spirit and character that shares new ideas about independence and the struggles women faced in 17th century America. Throughout the novel, Hester’s refusal to remove the scarlet letterRead MoreThe Scarlet Letter By Nathaniel Hawthorne1319 Words   |  6 PagesPrynne and Arthur Dimmesdale are subject to this very notion in Nathaniel Hawthorne s The Scarlet Letter. Hester simply accepted that what she had done was wrong, whereas Dimmesdale, being a man of high regard, did not want to accept the reality of what he did. Similar to Hester and Dimmesdale, Roger Chillingworth allows his emotions to influence his life; however, his influence came as the result of hi s anger. Throughout the book, Hawthorne documents how Dimmesdale and Hester s different ways of dealingRead MoreThe Scarlet Letter, By Nathaniel Hawthorne1172 Words   |  5 Pagesfreedom, peace, and introspection. However, until the last century, the wilderness was often regarded with fear and resentment. Written long before John Muir and the conservation movement, The Scarlet Letter by Nathaniel Hawthorne was well ahead of its time for its depiction of wilderness. In The Scarlet Letter, Arthur Dimmesdale leaves the beaten path and seeks refuge in the forest. There, he gains the strength and willpower to throw off seven years of hopelessness and take his fate into his own hands

Management and Smart Criteria Free Essays

University of Phoenix Material Goal Setting Worksheet Review this week’s resources (for example SMART criteria, and the Career Plan Building Activities). Respond to the following in 50 to 100 words each: 1. Describe one academic goal that you have created using the SMART criteria. We will write a custom essay sample on Management and Smart Criteria or any similar topic only for you Order Now How do SMART criteria contribute to your academic goals? One academic goal that I am using with SMART is passing my classes with a least a C. SMART contribute to my academic goals by helping me to improve in my classes, help me to allocate time to important activities such as my family and help me reduce stress due to college life work and personal life. . Describe one professional/career goal you have created using the SMART criteria and Career Plan Building Activities results. How did the results of the Career Interest Profiler and Career Plan Building Activity on Competencies contribute to your professional goal development? One professional goal that I have created with using SMART is to win employee of the year at my job. It contributes to my professional goal because I am a good listener. I like to work with people and I follow my employer’s rules. 3. Related article: Example Essay How to Study Smart Describe the stress and time-management strategies you have learned this week that will help you achieve your goals. Stress and time management strategies that I have learned this week that will help me achieve my goals are to prepare myself for that goal. When study I should take breaks so that I will not be stressed. I will also adjust my plan each day. 4. Describe how you will balance academic expectations and your personal and professional responsibilities. I will balance my academic expectations, personal, and professional responsibilities by Equally I will give my attention to them all. I would come up with a schedule where I would set time slots to give my time to each . I think by doing this I will not feel overworked and over whelmed. 5. How can understanding the importance of SMART criteria and your career interests and competencies help you move towards your career and academic goals? Understanding the importance of SMART and my career interest can help me move in my career and academic goals by helping me to stay focus and take control of my life direction. Using SMART can help me to be and stay motivated to see if I am succeeding in achieving my goals. How to cite Management and Smart Criteria, Essay examples

Insomnia Argumentative Essay Example For Students

Insomnia Argumentative Essay In this research paper I will attempt to familiarize you, the reader, on therole of sleep, health risks of sleeping disorder that is most common, Insomnia. I will give you some of the aspects which cause Insomnia and how it can betreated. We human beings spend one third of our lives in a mysterious,potentially dangerous and seemingly unproductive state of unconsciousnessandno one knows exactly why. Scientists have attempted to study the effects ofsleep and its role on our existence but have yet to come up with an accuratereason why we need sleep. Yes, we do need sleep. All animals, be they mammal,amphibian, aquatic, etc., need some form of sleep in order to rejuvenate theirbody and/or mind. Without sleep our bodies tend to experience some type ofmental or physical malfunctions. Some of us human beings can even become downright incapable of proper social function. In other words, cranky frustratedemotional nutcases. So, sleep does play an important role in our dailyfunctions, and no matter what we must fit it into our lives/schedule. Edisonslight bulb can be considered one of the major technological curses of themodern age, says sleep re searcher Harvey Moldofsky, chief psychiatrist atToronto Western Hospital. Edison believed that his light bulb would liberate usfrom the night and in the process transform our lives. The fact that the lightbulb served as a reliable, controlled was to, banish the night, did not act asperhaps Edison hoped it would. Yet, it helped banish our need for sleep. Andwith this a change in our sleeping patterns. This is one of the ultimate causesof sleep problems. Insomnia is the perception or complaint of inadequate orpoor-quality sleep because of one or more of the following: difficulty sleeping,waking up too early, unrefreshing sleep, waking frequently through the night. When one has Insomnia it is difficult to initiate and/or maintain sleep. Somebelieve that Insomnia is not a disorder, it is a symptom that often indicatedother problems. Other diagnosis, hold that Insomnia is the most common of allsleep disorders and perhaps the most frequent health complaint after pain. Severe cases can disrupt social and occupational function and is associated withdepression, fatigue, and anxiety. There are different types of Insomnia whichaffect our sleep patterns in many different ways. Types of Insomnia are:? Sleep Onset Insomnia (delayed sleep Phase Syndrome): a disorder inwhich the major sleep episode is delayed in relation to the desires clock timewhich one wishes to be awakened. ? Idiopathic Insomnia: A life longinability to obtain adequate sleep that is due to an abnormality of theneurological control of the sleep-wake system. ? PsychophysiologicalInsomnia: A disorder or somatized tension (conversion of anxiety into physicalsymptoms) and learned sleep preventing associated with results in a complaintof Insomnia and associated decreased functioning during wakefulness. ?Childhood Insomnia (limit-setting Sleep Disorder): Primarily a childhooddisorder that is characterized by the inadequate enforcement of bed times by acaretaker with resultant stalling or refu sal to go to bed at the appropriatetime. ? Food Allergy Insomnia: A disorder of initiating and maintainingsleep due to an allergic response to food allergens. ? EnvironmentalInsomnia (Environmental Sleep disorder): A sleep disorder disturbance due to adisturbing environmental factor that causes a complaint of either Insomnia orexcessive sleepiness. ? Transient Insomnia (Adjustment Sleep Disorder):Represents sleep disturbance temporally related to acute stress, conflict orenvironmental change causing emotional agitation. ? Periodic Insomnia(Non 24-Hour Sleep-Wake Syndrome): Consists of a chronic steady patternconsisting of 1-2 hour daily delays in sleep onset and wake times in anindividual living in society. ? Altitude Insomnia: An acute Insomniausually accompanied by headaches, loss of appetite, and fatigue, that occursfollowing ascent to high altitudes. ? Hypnotic-Dependency Insomnia(Hypnotic Dependent Sleep Disorder): Characterized by Insomnia or excessivesleepiness that is associ ated with tolerance to or withdrawal from hypnoticmedications. ? Stimulant Dependent Sleep Disorder: Characterized by areduction of sleepiness or suppression of sleep by central stimulants andresultant alterations in wakefulness following drug abstinence. ? AlcoholDependent Insomnia (Alcohol Dependent Sleep Disorder): Characterized bythe sustained ingestion of sleep onset by the sustained ingestion of alcoholthat is used for its hypnotic effect. ? Toxins Induced SleepDisorders: Characterized by either Insomnia or excessive sleepiness produced bypoisoning with heavy metals or organic toxins. Transient and intermittentInsomnia generally occur in people who are temporarily experiencing eitherstress, environmental noise, extreme temperatures, change in ones environment,and sleep/wake schedule problems. Sleep is the way the body rests and allows themind to slow down and relax. Sleep is a distinct state of mind and body in whichthe body is deeply at rest, the metabolism is lowered, and th e mind becomesunconscious to the outside world. The sleeping mind does not become unconsciousentirely; instead, it shifts the direction of consciousness from a chair besideyour body to another chair inside your dream. Aristotle proposed that thepurpose of sleep was to help the body digest food although eating a big mealbefore getting into bed is one of the worst things you can do for your rest. Plagiarism EssayMonitoring of oxygen saturation is used in the assessment diagnosis of sleepapnea. The electrocardiogram (EKG) documents arrhythmias accompanyingrespiratory disturbances. Accompanying respiratory disturbances. EMG monitoringof the anterior tibilias muscles is used for detection of periodic leg movementsduring sleep. Most adults need seven or eight hours of sleep a night, but someadults are short sleepers and functions well and only there of fourhours. Being that the purpose of sleep could be to allow the body time to repairand rejurvenate- some find 4 to 6 hours as a sufficient amount at sleep. Sleepreduces fatigue and relieves stress and dreaming helps to clear the nervoussystems. The amount of time needed for sleep is eshonaly usaible from person toperson. The clinical significanes of insomnia is detemined according to itssevenrity, frequency, duration, and daytime sequence. Treatment for dramicinsomia consists of: -There are many foods you may try to get est tha twould/will aid in putting you to sleep. Foods such as oats, sweet corn, rice,zawgen, tomatoes, bananas, and barely all are rich in malnutrion which helpsreduce sleep. -Lifestyle changes can also hepls you to sleep better. -Herbalremedies that as help induce sleep are Valerian roots, skull cap, passionflower, wood betony or California poppy. -Over the counter sleep medicines arenot usually recommended for the treatment of insomnia . Though using sleepingpills without supervision of a physican for long periods of time can treatchronic insomnia. -Tayrs behavioral techniques to improve sleep, such asrehilbilation therpy, sleep restrictions therapy, and reconditioning may help. There are specific and effective technques through rehilbilation therapy thatcan reduces or eliminate anxiety and body tension. Insomnia can not be curedwithout treaty the underlying imbalance that causes it. The Association of SleepDisorders Caters was established in 1975; its purpose is to accidet clinics inthe United States and to promote professional education and the development ofstandards and guidelines for patient care. Most clinics are based in large urbanhospitals or university medical schools, usually in conjunction withsleep-research programs . Medical experts from widely diverse fields areinvolved in sleep clinics. Psychologists and psychiatrists, internist,psycologists and specialist in disorders of the heart, lungs, brain, respiratorysystem and central nervous system are involved can givers at sleep clinics. Conclusion Insomnia can be treated if diagnosed properly and medication can begiven to aid in the elimination of the problem.