http://constitutingamerica.org/wp-content/uploads/2021/10/logo_web_white_280x62.png 0 0 Janine Turner and Cathy Gillespie http://constitutingamerica.org/wp-content/uploads/2021/10/logo_web_white_280x62.png Janine Turner and Cathy Gillespie2017-03-10 00:12:102020-06-09 18:40:23Willson v. Black Bird Creek Marsh Company (1829)
Guest Essayist: Andrew Langer
The Dissolution of the Dormant Commerce Clause: Willson v. Black Bird Creek Marsh Co.
In The Colorado Kid, author Steven King says, “Sooner or later, everything old is new again.” This is certainly true when it comes to issues of public policy and constitutional law. In this essay, we discuss the concept of the “Dormant” Commerce Clause, specifically within the context of navigable waterways. The issue of who has jurisdiction over “navigable” waters is one that remains a subject of enormous debate—especially as the environmental movement has pushed an ever-more-marginal definition of “navigability” in order to pull more waters under the jurisdiction of the federal government.