Gibbons v. Ogden (1824)
Citation: Decree in Gibbons v.
引文：Gibbons v. 案中的法令
Ogden; 3/2/1824; Engrossed Minutes, 2/1790 - 6/7/1954; Records of the Supreme Court of the United States, Record Group 267; National Archives Building, Washington, DC.
奥格登； 1824 年 3 月 2 日；全神贯注的分钟，2/1790 - 6/7/1954；美国最高法院记录，Record Group 267；国家档案馆，华盛顿特区。
This Supreme Court decision forbade states from enacting any legislation that would interfere with Congress's right to regulate commerce among the separate states.
最高法院的这项裁决禁止各州颁布任何会干扰国会监管各州之间商业权利的立法。
Robert Fulton’s 1807 invention of the steamboat was highly significant, but its application would have been severely limited had the Supreme Court not ruled against the monopoly in interstate steamboat operation in Gibbons v.
罗伯特·富尔顿 (Robert Fulton) 于 1807 年发明的汽船具有非常重要的意义，但如果最高法院没有在吉本斯诉美国汽船案中裁定反对州际汽船运营的垄断，汽船的应用将会受到严重限制。
Ogden .
奥格登.
In this decision, Chief Justice John Marshall’s Court ruled that Congress has the power to “regulate commerce” and that federal law takes precedence over state laws.
在这项裁决中，首席大法官约翰·马歇尔法院裁定国会有权“监管商业”，联邦法律优先于州法律。
The State of New York passed a law giving Robert Fulton and Robert Livingston a monopoly on "navigating all boats that might be propelled by steam, on all waters within the territory, or jurisdiction of the State, for the term of twenty years." Fulton and Livingston issued permits and seized boats that operated without their endorsement.
纽约州通过了一项法律，赋予罗伯特·富尔顿和罗伯特·利文斯顿“在该州领土或管辖范围内的所有水域上航行所有可能由蒸汽驱动的船只的垄断权，期限为二十年”。富尔顿和利文斯顿颁发许可证并扣押未经他们认可而运营的船只。
Aaron Ogden had a license from the State of New York to navigate between New York City and the New Jersey coast.
亚伦·奥格登拥有纽约州颁发的在纽约市和新泽西海岸之间航行的许可证。
Ogden found himself competing with Thomas Gibbons, who had been given permission to use the waterways by the federal government.
奥格登发现自己正在与托马斯·吉本斯竞争，后者已获得联邦政府许可使用这些水道。
After the State of New York denied Gibbons access to the New York Bay in between New York and New Jersey, he sued Ogden.
在纽约州拒绝吉本斯进入纽约和新泽西之间的纽约湾后，他起诉了奥格登。
The case went to the Supreme Court, and Chief Justice Marshall's opinion carried out the clear original intent of the Constitution to have Congress, not the states, regulate interstate commerce.
该案提交至最高法院，首席大法官马歇尔的意见贯彻了宪法明确的初衷，即由国会而不是各州来监管州际贸易。
Marshall’s decision sustained the nationalist definition of federal power and ruled that Congress could constitutionally regulate many activities that affected interstate commerce.
马歇尔的决定维持了联邦权力的民族主义定义，并规定国会可以根据宪法规范许多影响州际商业的活动。
In the wake of this decision, the federal government, empowered by the Constitution’s commerce clause, increasingly exercised its authority by legislation and judicial decision over the whole range of the nation’s economic life.
这一决定之后，联邦政府在宪法商业条款的授权下，越来越多地通过立法和司法判决在国家经济生活的整个领域行使权力。
This document is available on DocsTeach , the online tool for teaching with documents from the National Archives.
该文档可在 DocsTeach 上找到，这是一个使用国家档案馆文档进行教学的在线工具。
Find teaching activities that incorporate this document, or create your own online activity .
查找包含本文档的教学活动，或创建您自己的在线活动。
Mr. Chief Justice MARSHALL delivered the opinion of the Court, and, after stating the case, proceeded as follows:
首席大法官马歇尔先生宣读了法院的意见，并在陈述案情后，进行如下处理：
The appellant contends that this decree is erroneous because the laws which purport to give the exclusive privilege it sustains are repugnant to the Constitution and laws of the United States.
上诉人认为，该法令是错误的，因为旨在赋予其所维持的排他性特权的法律与美国宪法和法律相抵触。
They are said to be repugnant: first, to that clause in the Constitution which authorizes Congress to regulate commerce; second, to that which authorizes Congress to promote the progress of science and useful arts.
据说它们令人反感：首先，宪法中授权国会监管商业的条款；第二，授权国会促进科学和实用艺术的进步。
As preliminary to the very able discussions of the Constitution which we have heard from the bar, and as having some influence on its construction, reference has been made to the political situation of these states, anterior to its formation.
作为我们从律师界听到的关于宪法的非常有能力的讨论的初步内容，并且由于对宪法的构建有一定的影响，我们提到了这些州在宪法形成之前的政治局势。
It has been said that they were sovereign, were completely independent, and were connected with each other only by a league.
据说，它们是主权国家，完全独立，彼此之间只有一个联盟的联系。
This is true.
这是真实的。
But, when these allied sovereigns converted their league into a government, when they converted their congress of ambassadors, deputed to deliberate on their common concerns, and to recommend measures of general utility, into a legislature, empowered to enact laws on the most interesting subjects, the whole character in which the states appear underwent a change, the extent of which must be determined by a fair consideration of the instrument by which that change was effected.
但是，当这些盟国将他们的联盟转变为政府时，当他们将负责审议共同关切并建议普遍实用措施的大使会议转变为立法机构并有权就最有趣的主题制定法律时，各国的整体特征就发生了变化，而变化的程度必须通过对实现这种变化的工具进行公正的考虑来确定。
This instrument contains an enumeration of powers expressly granted by the people to their government.
该文书载有人民明确授予政府的权力的列举。
It has been said that these powers ought to be construed strictly.
有人说，这些权力应该得到严格解释。
But why ought they to be so construed?
但为什么要这样解释它们呢？
Is there one sentence in the Constitution which gives countenance to this rule?
宪法中是否有一句话支持这一规则？
In the last of the enumerated powers, that which grants, expressly, the means for carrying all others into execution, Congress is authorized to make all laws which shall be necessary and proper for the purpose.
在最后一项列举的权力中，明确授予执行所有其他权力的手段，国会被授权制定为此目的所需和适当的所有法律。
But this limitation on the means which may be used is not extended to the powers which are conferred; nor is there one sentence in the Constitution, which has been pointed out by the gentlemen of the bar, or which we have been able to discern, that prescribes this rule.
但这种对可使用手段的限制并不延伸至所授予的权力；律师界的先生们已经指出的，或者我们能够辨别出的宪法中也没有任何一句话规定了这一规则。
We do not, therefore, think ourselves justified in adopting it.
因此，我们认为自己没有理由采用它。
What do gentlemen mean by a strict construction?
先生们所说的严格构造是什么意思？
If they contend only against that enlarged construction which would extend words beyond their natural and obvious import, we might question the application of the term, but should not controvert the principle.
如果他们只是反对那种扩大的结构，这种结构会使词语超出其自然和明显的含义，我们可能会质疑该术语的应用，但不应质疑该原则。
If they contend for that narrow construction which, in support of some theory not to be found in the Constitution, would deny to the government those powers which the words of the grant, as usually understood, import, and which are consistent with the general views and objects of the instrument; for that narrow construction, which would cripple the government, and render it unequal to the objects for which it is declared to be instituted, and to which the powers given, as fairly understood, render it competent; then we cannot perceive the propriety of this strict construction, nor adopt it as the rule by which the Constitution is to be expounded.
如果他们主张狭隘的解释，这种狭义的解释是为了支持宪法中找不到的某些理论，从而否认政府拥有通常理解的授予文字所具有的权力，并且这些权力与宪法的一般观点和目标相一致；这种狭隘的解释会削弱政府，使其无法实现其宣布成立的目标，而所赋予的权力（正如人们所普遍理解的那样，使其有能力实现这些目标）；那么我们就无法认识到这种严格解释的适当性，也无法采用它作为解释宪法的规则。
As men whose intentions require no concealment generally employ the words which most directly and aptly express the ideas they in tend to convey, the enlightened patriots who framed our Constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
正如那些意图无需隐瞒的人通常会使用最直接、最恰当地表达他们想要传达的思想的词语一样，制定我们宪法的开明爱国者以及通过宪法的人民，必须被理解为在自然意义上使用了词语，并且表达了他们所说的意思。
If, from the imperfection of human language, there should be serious doubts respecting the extent of any given power, it is a well-settled rule that the objects for which it was given, especially when those objects are expressed in the instrument itself, should have great influence in the construction.
如果由于人类语言的不完善性，对任何给定权力的范围存在严重怀疑，那么一个既定的规则是，赋予权力的对象，特别是当这些对象在工具本身中表达时，应该在结构中产生巨大的影响。
We know of no reason for excluding this rule from the present case.
我们不知道有什么理由从本案中排除这一规则。
The grant does not convey power which might be beneficial to the grantor, if retained by himself, or which can inure solely to the benefit of the grantee, but is an investment of power for the general advantage in the hands of agents selected for that purpose; which power can never be exercised by the people themselves, but must be placed in the hands of agents, or lie dormant.
授予权并不转让如果由授予人保留的话可能对授予人有利的权力，或者仅有益于受让人利益的权力，而是在为此目的选定的代理人手中为了普遍利益而进行的权力投资；这种权力永远不能由人民自己行使，而必须交到代理人手中，或者处于休眠状态。
We know of no rule for construing the extent of such powers other than is given by the language of the instrument which confers them, taken in connection with the purposes for which they were conferred.
除了授予这些权力的文书的语言所规定的、结合授予这些权力的目的之外，我们不知道有任何解释此类权力范围的规则。
The words are: Congress shall have power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
其内容是：国会有权规范与外国、各州之间以及与印第安部落之间的贸易。
The subject to be regulated is commerce; and our Constitution being, as was aptly said at the bar, one of enumeration and not of definition, to as certain the extent of the power it becomes necessary to settle the meaning of the word.
监管主体是商业；正如在律师会上恰当地说的那样，我们的宪法是一部列举性宪法，而不是定义性宪法，在一定程度上，有必要确定这个词的含义。
Commerce, undoubtedly, is traffic, but it is something more - it is intercourse.
毫无疑问，商业就是交通，但它还不止于此——它是交往。
It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
它描述了国家之间以及国家部分地区及其所有分支中的商业往来，并通过规定进行这种往来的规则进行管理。
The mind can scarcely conceive a system for regulating commerce between nations which shall exclude all laws concerning navigation, which shall be silent on the admission of the vessels of the one nation into the ports of the other, and be confined to prescribing rules for the conduct of individuals in the actual employment of buying and selling or of barter.
头脑很难想象出一种规范国家间贸易的制度，该制度应排除所有有关航海的法律，对一国船只进入另一国港口的许可保持沉默，而仅限于规定个人在实际买卖或易货贸易中的行为规则。
If commerce does not include navigation, the government of the Union has no direct power over that subject, and can make no law prescribing what shall constitute American vessels, or requiring that they shall be navigated by American seamen.
如果商业不包括航行，联邦政府对此没有直接权力，也不能制定法律来规定美国船只的构成，或要求它们应由美国海员驾驶。
Yet this power has been exercised from the commencement of the government, has been exercised with the consent of all, and.
然而，这一权力从政府成立之日起就已经行使，并且是在所有人同意的情况下行使的。
has been understood by all to be a commercial regulation.
已被所有人理解为商业法规。
All America understands, and has uniformly understood, the word commerce to comprehend navigation.
全美国都理解并且一致地理解“商业”这个词来理解“航海”。
The word used in the Constitution, then, comprehends, and has been always understood to comprehend, navigation within its meaning; and a power to regulate navigation is as expressly granted as if that term had been added to the word commerce.
那么，宪法中使用的这个词在其含义内包含导航，并且一直被理解为包含导航。监管航行的权力是明确授予的，就好像该术语已添加到“商业”一词中一样。
To what commerce does this power extend?
这种权力延伸到哪些商业领域？
The Constitution informs us to commerce with foreign nations, and among the several states, and with the Indian tribes.
宪法规定我们要与外国、各州之间以及印第安部落之间进行贸易。
It has, we believe, been universally admitted that these words comprehend every species of commercial intercourse between the United States and foreign nations.
我们相信，人们普遍承认这些词涵盖了美国与外国之间的各种商业往来。
No sort of trade can be carried on between this country and any other to which this power does not extend.
该国与该权力未涵盖的任何其他国家之间不能进行任何形式的贸易。
It has been truly said that commerce, as the word is used in the Constitution, is a unit, every part of which is indicated by the term.
确实可以说，正如宪法中所使用的那样，商业是一个单位，其每个部分都由该术语表示。
If this be the admitted meaning of the word in its application to foreign nations, it must carry the same meaning throughout the sentence and remain a unit, unless there be some plain intelligible cause which alters it.
如果这是该词在应用于外国时所公认的含义，那么它必须在整个句子中具有相同的含义并保持为一个单位，除非有一些明显可理解的原因改变了它。
The subject to which the power is next applied is to commerce among the several states.
该权力接下来适用的主题是几个州之间的商业。
The word among means intermingled with.
“当中”这个词的意思是“混合”。
A thing which is among others is intermingled with them.
存在于其他事物之中的事物与它们混合在一起。
Commerce among the states cannot stop at the external boundary line of each state, but may be introduced into the interior.
各邦之间的贸易不能停留在各邦的外部边界线，而可以引入到内部。
It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states.
这并不是说这些词包含完全内部的贸易，这种贸易是在一个国家的人与人之间或同一国家的不同部分之间进行的，并且不延伸到或影响其他国家。
Such a power would be inconvenient and is certainly unnecessary.
这样的权力会很不方便，而且当然是没有必要的。
Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more states than one.
尽管“当中”这个词很全面，但它可能非常恰当地限于涉及多个州的商业。
The phrase is not one which would probably have been selected to indicate the completely interior traffic of a state, because it is not an apt phrase for that purpose; and the enumeration of the particular classes of commerce to which the power was to be extended would not have been made had the intention been to extend the power to every description.
这个短语可能不会被用来表示一个州的完全内部交通，因为它不是一个适合该目的的短语；如果打算将权力扩大到每一种类别，就不会列举权力将扩大到的特定商业类别。
The enumeration presupposes something not enumerated; and that something, if we regard the language or the subject of the sentence, must be the exclusively internal commerce of a state.
列举以未列举的事物为前提；如果我们考虑句子的语言或主语，某物必定是一个国家专有的内部贸易。
The genius and character of the whole government seem to be that its action is to be applied to all the external concerns of the nation and to those internal concerns which affect the states generally; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government.
整个政府的天才和特征似乎在于，它的行动适用于国家的所有外部问题和影响各州的内部问题；但不适用于那些完全属于某一特定国家、不影响其他国家、并且没有必要为了执行政府的某些一般权力而进行干涉的国家。
The completely internal commerce of a state, then, may be considered as reserved for the state itself.
那么，一个国家的完全内部贸易可以被认为是为国家本身保留的。
But, in regulating commerce with foreign nations, the power of Congress does not stop at the jurisdictional lines of the several states.
但是，在监管与外国的贸易时，国会的权力并不局限于几个州的管辖范围。
It would be a very useless power if it could not pass those lines.
如果不能通过这些线，那就是一个非常无用的力量。
The commerce of the United States with foreign nations is that of the whole United States.
美国与外国的贸易是整个美国的贸易。
Every district has a right to participate in it.
每个地区都有权利参与其中。
The deep streams which penetrate our country in every direction pass through the interior of almost every state in the Union, and furnish the means of exercising this right.
从各个方向渗透我国的深溪流经联邦几乎每个州的内部，并提供了行使这一权利的手段。
If Congress has the power to regulate it, that power must be exercised whenever the subject exists.
如果国会有权对其进行监管，那么只要该主题存在，就必须行使该权力。
If it exists within the states, if a foreign voyage may commence or terminate at a port within a state, then the power of Congress may be exercised within a state.
如果它存在于州内，如果外国航行可以在州内的港口开始或终止，那么国会的权力可以在州内行使。
This principle is, if possible, still more clear, when applied to commerce among the several states.
如果可能的话，当这一原则应用于几个州之间的贸易时，它会更加清晰。
They either join each other, in which case they are separated by a mathematical line, or they are remote from each other, in which case other states lie between them.
它们要么相互连接，在这种情况下它们被一条数学线分开，要么它们彼此远离，在这种情况下其他状态位于它们之间。
What is commerce among them, and how is it to be conducted?
他们之间的贸易是什么？如何进行？
Can a trading expedition between two adjoining states commence and terminate outside of each?
两个相邻国家之间的贸易远征可以在各自之外开始和结束吗？
And if the trading intercourse be between two states remote from each other, must it not commence in one, terminate in the other, and probably pass through a third?
如果贸易往来是在两个相距遥远的国家之间进行的，那么贸易难道不是从一个国家开始，在另一个国家终止，并且很可能经过第三个国家吗？
Commerce among the states must, of necessity, be commerce with the states.
各州之间的贸易必然是与各州之间的贸易。
In the regulation of trade with the Indian tribes, the action of the law, especially, when the Constitution was made, was chiefly within a state.
在规范与印第安部落的贸易方面，法律的作用，特别是在制定宪法时，主要是在州内进行的。
The power of Congress, then, whatever it may be, must be exercised within the territorial jurisdiction of the several states.
因此，无论国会的权力是什么，都必须在几个州的领土管辖范围内行使。
The sense of the nation on this subject is unequivocally manifested by the provisions made in the laws for transporting goods by land between Baltimore and Providence, between New York and Philadelphia, and between Philadelphia and Baltimore.
巴尔的摩和普罗维登斯之间、纽约和费城之间以及费城和巴尔的摩之间的陆路货物运输法律中的规定明确体现了国家在这一问题上的意识。
We are now arrived at the inquiry - What is this power?
现在我们要探究的是——这个力量是什么？
It is the power to regulate, that is, to prescribe the rule by which commerce is to be governed.
它是监管权，即规定商业管理规则的权力。
This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
与国会赋予的所有其他权力一样，这项权力本身是完整的，可以最大限度地行使，并且除宪法规定外没有任何限制。
These are expressed in plain terms and do not affect the questions which arise in this case, or which have been discussed at the bar.
这些都是用简单的术语表达的，不会影响本案中出现的问题或在律师会上讨论的问题。
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.
如果按照人们一直以来的理解，国会的主权虽然仅限于特定的目标，但对于这些目标而言是全体的，那么与外国以及几个州之间的贸易权力就完全归属于国会，就像单一政府一样，其宪法对权力的行使具有与美国宪法相同的限制。
The wisdom and the discretion of Congress, their identity with the people, and the influence which their constituents possess at elections are, in this as in many other instances, as that, for example, of declaring war, the sole restraints on which they have relied to secure them from its abuse.
国会的智慧和自由裁量权、他们对人民的认同，以及选民在选举中所拥有的影响力，在这种情况下以及在许多其他情况下，例如在宣战时，都是他们赖以确保自己免受滥用的唯一限制。
They are the restraints on which the people must often rely solely in all representative governments.
它们是人民在所有代议制政府中常常必须完全依赖的限制。
The power of Congress, then, comprehends navigation within the limits of every state in the Union so far as that navigation may be, in any manner, connected with commerce with foreign nations, or among the several States, or with the Indian tribes.
因此，国会的权力涵盖联邦各州范围内的航行，只要该航行可能以任何方式与外国、几个州之间或与印第安部落的商业有关。
It may, of consequence, pass the jurisdiction line of New York, and act upon the very waters to which the prohibition now under consideration applies.
因此，它可能会越过纽约的管辖线，并对目前正在考虑的禁令适用的水域采取行动。
But it has been urged with great earnestness that, although the power of Congress to regulate commerce with foreign nations and among the several states be coextensive with the subject itself, and have no other limits than are prescribed in the Constitution, yet the states may severally exercise the same power within their respective jurisdictions.
但人们非常热切地敦促说，虽然国会管理与外国以及各州之间的贸易的权力与主体本身具有同等的范围，并且除宪法规定外没有其他限制，但各州可以在各自的管辖范围内分别行使同样的权力。
In support of this argument, it is said that they possessed it as an inseparable attribute of sovereignty before the formation of the Constitution, and still retain it, except so far as they have surrendered it by that instrument; that this principle results from the nature of the government, and is secured by the Tenth Amendment; that an affirmative grant of power is not exclusive, unless in its own nature it be such that the continued exercise of it by the former possessor is inconsistent with the grant, and that this is not of that description.
为了支持这一论点，有人说，他们在宪法形成之前就拥有了主权作为不可分割的主权属性，并且仍然保留着它，除非他们通过该文书放弃了它；这一原则源于政府的性质，并受到第十修正案的保障；权力的肯定授予不是排他性的，除非就其本身性质而言，前拥有者继续行使权力与授予不一致，而这不属于这种描述。
The appellant, conceding these postulates except the last, contends that full power to regulate a particular subject implies the whole power .and leaves no residuum; that a grant of the whole is incompatible with the existence of a right in another to any part of it.
上诉人承认除最后一个假设外的其他假设，认为监管特定主体的全部权力意味着全部权力，并且不留任何剩余；整体的授予与另一方对其任何部分的权利的存在是不相容的。
Both parties have appealed to the Constitution, to legislative acts, and judicial decisions; and have drawn arguments from all these sources to support and illustrate the propositions they respectively maintain.
双方都诉诸宪法、立法行为和司法判决；并从所有这些来源中汲取论据来支持和说明他们各自坚持的主张。
In discussing the question, whether this power is still in the states, in the case under consideration, we may dismiss from it the inquiry, whether it is surrendered by the mere grant to Congress, or is retained until Congress shall exercise the power.
在讨论这一权力是否仍在各州的问题时，在所考虑的情况下，我们可以驳回对它的调查，无论它是仅仅通过国会的授权而放弃，还是保留到国会行使该权力为止。
We may dismiss that inquiry because it has been exercised, and the regulations which Congress deemed it proper to make are now in full operation.
我们可以驳回这项调查，因为它已经进行了，而且国会认为适当制定的法规现已全面实施。
The sole question is - Can a state regulate commerce with foreign nations and among the states while Congress is regulating it?
唯一的问题是——在国会监管的同时，国家能否监管与外国以及州与州之间的贸易？
The counsel for the respondent answer this question in the affirmative, and rely very much on the restrictions in the 10th Section as supporting their opinion.
被申请人的律师对这个问题的回答是肯定的，并非常依赖第十节中的限制来支持他们的意见。
They say, very truly, that limitations of a power furnish a strong argument in favor of the existence of that power, and that the section which prohibits the states from laying duties on imports or exports proves that this power might have been exercised had it not been expressly forbidden; and, consequently.
他们说，非常真实的是，对权力的限制为支持该权力的存在提供了强有力的论据，并且禁止各州对进出口征收关税的条款证明，如果没有明确禁止的话，这种权力可能会被行使；因此。
that any other commercial regulation, not expressly forbidden, to which the original power of the state was competent, may still be made
仍可制定国家原始权力有权管辖的任何其他未明确禁止的商业法规
That this restriction shows the opinion of the Convention, that a state might impose duties on exports and imports, if not expressly forbidden, will be conceded; but that it follows, as a consequence from this concession, that a state may regulate commerce with foreign nations and among the states cannot be admitted.
这一限制表明了《公约》的观点，即一国可以对出口和进口征收关税，如果没有明确禁止，则将被承认；但是，由于这一让步，国家可以管制与外国以及国家之间的贸易，这是不能接受的。
It has been contended by the counsel for the appellant that, as the word to regulate implies in its nature full power over the thing to be regulated, it excludes, necessarily, the action of all others that would perform the same operation on the same thing.
上诉人的律师辩称，由于监管一词本质上意味着对所监管事物的完全权力，因此它必然排除所有其他人对同一事物执行相同操作的行为。
That regulation is designed for the entire result, applying to those parts which remain as they were, as well as to those which are altered.
该规定是针对整个结果而设计的，适用于那些保持原样的部分以及那些被改变的部分。
It produces a uniform whole, which is as much disturbed and deranged by changing what the regulating power designs to leave untouched as that on which it has operated.
它产生了一个统一的整体，由于改变了监管权力设计不受影响的事物，以及它所运作的事物，它受到了同样多的干扰和混乱。
There is great force in this argument, and the court is not satisfied that it has been refuted.
这个论点很有说服力，法院对它被反驳并不满意。
Since, however, in exercising the power of regulating their own purely internal affairs, whether of trading or police, the states may sometimes enact laws, the validity of which depends on their interfering with, and being contrary to, an act of Congress passed in pursuance of the Constitution, the court will enter upon the inquiry, whether the laws of New York, as expounded by the highest tribunal of that state, have, in their application to this case, come into collision with an act of Congress, and deprived a citizen of a right to which that act entitles him.
然而，由于各州在行使管理其纯粹内部事务的权力时，无论是贸易还是警察事务，有时可能会颁布法律，其有效性取决于这些法律是否干扰或违反国会根据宪法通过的法案，因此法院将调查纽约州最高法庭所阐述的法律在适用于本案时是否与国会法案发生冲突，并剥夺了公民的权利。该法案赋予他的权利。
Should this collision exist, it will be immaterial whether those laws were passed in virtue of a concurrent power to regulate commerce with foreign nations and among the several states, or in virtue of a power to regulate their domestic trade and police.
如果存在这种冲突，那么这些法律是凭借监管与外国和几个州之间的贸易的并行权力，还是凭借监管国内贸易和警察的权力而通过，都无关紧要。
In one case and the other the acts of New York must yield to the law of Congress; and the decision sustaining the privilege they confer against a right given by a law of the Union must be erroneous.
在一种情况下，在另一种情况下，纽约的行为必须服从国会的法律；维持他们赋予的特权而不是联邦法律赋予的权利的决定一定是错误的。
This opinion has been frequently expressed in this court, and is founded as well on the nature of the government as on the words of the Constitution.
这种观点在本法院经常被表达，并且既基于政府的性质，也基于宪法的措辞。
In argument, however, it has been contended that, if a law passed by a state in the exercise of its acknowledged sovereignty comes into conflict with a law passed by Congress in pursuance of the Constitution, they affect the subject and each other like equal opposing powers.
然而，在争论中，有人认为，如果一个州在行使其公认主权时通过的法律与国会根据宪法通过的法律发生冲突，它们就会像平等的对立权力一样影响主体和彼此。
But the framers of our Constitution foresaw this state of things and provided for it by declaring the supremacy not only of itself but of the laws made in pursuance of it.
但是我们宪法的制定者预见到了这种情况，并通过宣布不仅宪法本身而且根据宪法制定的法律具有至高无上的地位来对此做出规定。
The nullity of any act inconsistent with the Constitution is produced by the declaration that the Constitution is supreme law.
任何与宪法相抵触的行为均因宪法为最高法律而无效。
The appropriate application of that part of the clause which confers the same supremacy on laws and treaties is to such acts of the state legislatures as do not transcend their powers, but though enacted in the execution of acknowledged state powers, interfere with, or are contrary to, the laws of Congress, made in pursuance of the Constitution or some treaty made under the authority of the United States.
该条款赋予法律和条约同样至高无上的部分的适当适用范围是，州立法机构的行为不超越其权力，但尽管是在执行公认的州权力时颁布的，但仍干扰或违反国会根据宪法或在美国权力下制定的某些条约制定的法律。
In every such case, the act of Congress or the treaty is supreme; and the law of the state, though enacted in the exercise of powers not controverted, must yield to it.
在每一种情况下，国会的行为或条约都是至高无上的。国家法律虽然是在行使无争议的权力时制定的，但必须服从国家法律。
Decree This court is of opinion that so much of the several laws of the state of New York as prohibits vessels, licensed according to the laws of the United States, from navigating the waters of the state of New York, by means of fire or steam, is repugnant to the said Constitution and void.
该法令本法院认为，纽约州的几项法律中的大部分法律禁止根据美国法律获得许可的船只以火或蒸汽的方式在纽约州水域航行，这些法律与上述宪法相抵触，并且无效。
This court is, therefore, of opinion that the decree of the court of New York for the trial of impeachments and the correction of errors, affirming the decree of the chancellor of that state is erroneous and ought to be reversed, and the same is hereby reversed and annulled.
因此，本院认为，纽约州法院关于弹劾审判和纠错的判决，确认该州大法官的判决是错误的，应当予以撤销，特此撤销并废除。
And this court doth further direct, order, and decree that the bill of the said Aaron Ogden be dismissed, and the same is hereby dismissed accordingly.
本法院进一步指示、命令和法令驳回上述亚伦·奥格登的法案，特此驳回该法案。