Wednesday, June 11, 2014

Wilson v. Black-Bird Creek Marsh Co. case brief summary

Wilson v. Black-Bird Creek Marsh Co. case brief summary
27 U.S. (2 Pet.) 245 (1829) 

Facts:Delaware incorporated the Black-Bird Creek Marsh Company for the purpose of damming a creek. Wilson, who operated a boat, challenged the constitutionality of the Company on the ground that Delaware, in having the creek dammed, had intruded upon the congressional authority to regulate interstate commerce. 

The Supreme Court held that the Company did not constitute an infringement of congressional power under the Commerce Clause. Given that Congress had enacted no statute designed to limit the states’ power to dam creeks, Delaware’s decisions did not amount to interference with the regulation of interstate commerce.

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