origination of Dormant Commerce Clause; state regulation not repugnant to Congressional power of regulation of commerce (absent Congressional action)
The Blackbird Creek Marsh dam was authorized as a local health and property value measure by the State of Delaware. Now, because Blackbird Creek was a navigable creek connected to coastal waters, opponents argued that the dam was an unconstitutional blockage of interstate commerce.
Marshall rejected this because Congress had passed no legislation to affect that question,-- ie, the Commerce Clause was in its dormant state. He also said that if Congress had indeed passed such legislation, then he would have had no problem declaring the dam unconstitutional.
Delaware was legitimately exercising its retained power (health, local property regulation-- see Gibbons). And because Congress was dormant, the Court held the law was not repugnant to the Constitution
Do you agree with my summary? If so, where does Willson provide stare decisis to Wickard?
Wilson?