In Willson v Black Bird Creek Marsh Company, 27 U.S. (2 Pet.) 245 (1829), the U.S. Supreme Court held that a Delaware state law authorizing the building of a dam did not unconstitutionally usurp Congress’s powers under the Commerce Clause because the federal government had not enacted legislation addressing the issue. The Court’s decision was the first to recognize the Dormant Commerce Clause of the U.S. Constitution.
