Willson v. Blackbird Creek Marsh Co
Willson v. Blackbird Creek Marsh Co. is a significant legal case concerning the balance of state and federal powers, particularly regarding the regulation of navigable waters. The case arose in the context of a Delaware statute that permitted the Blackbird Creek Marsh Company to dam a minor navigable stream for swamp drainage. Central to the discussion was the precedent set in Gibbons v. Ogden, which affirmed federal authority over interstate commerce. However, in Willson, the Supreme Court chose to uphold the Delaware statute, suggesting that the federal government had not actively exercised its jurisdiction over the commerce in question. This decision underscored the concept of the "dormant commerce power," indicating that a lack of federal action could result in states exerting their rights without interference. Chief Justice John Marshall delivered the unanimous ruling, which took place during a period of reduced court membership. This case is often viewed as a pivotal moment in understanding the complexities of commerce regulation and the interplay between state and federal powers.
Willson v. Blackbird Creek Marsh Co.
Date: March 20, 1829
Citation: 27 U.S. 245
Issue: Commerce clause
Significance: The Supreme Court’s decision signaled a retreat from the strong nationalistic position the Court took in an 1824 case.
A Delaware statute allowed the Blackbird Creek Marsh Company to dam a minor navigable stream to drain a swamp. In Gibbons v. Ogden (1824), the Supreme Court took a strong nationalistic stand defending the federal power to regulate commerce. Gibbons would have allowed the Court to invalidate the Delaware statute, but the Court chose to uphold the statute on the grounds that the federal government had not exercised its power. This brief observation was developed into a theory that the federal government could lose its dominance in interstate commerce if it allowed its power to lie dormant under what came to be called the doctrine of the dormant commerce power. This weakened the already somewhat elusive commerce power of Congress. Chief Justice John Marshall wrote the unanimous decision at a time when there were only six members because of the death of Robert Trimble.
