Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted the wheat for use on his farm, including feed for his poultry and livestock. Fiburn was penalized. He argued that the excess wheat was unrelated to commerce since he grew it for his own use. The question in the matter was: Is the amendment subjecting Filburn to acreage restrictions in violation of the Constitution because Congress has no power to regulate activities local in nature? The Court Concluded: According to Filburn, the act regulated production and consumption, which are local in character. The rule laid down by Justice Jackson is that even if an activity is local and not regarded as commerce, "it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce, and this irrespective of whether such effect is what might at some earlier time have been defined as 'direct' or 'indirect" (Oyez Project, 3317 U.S. 1942). This decision allowed the Federal system to have regulatory ability over home grown product, because it affected more than just the single family farm. Garcia v San Antonio Transit (1985)- The San Antonio Metropolitan Transit Authority (SAMTA), the main provider of transportation in the San Antonio metropolitan area, claimed it was exempt from the minimum-wage and overtime requirements...
SAMTA argued that it was providing a "traditional" governmental function, which exempted it from federal controls according to the doctrine of federalism established in National League of Cities v. Usery (1976). Joe G. Garcia, an employee of SAMTA, brought suit for overtime pay under Fair Labor Standards Act. The Question in the case: Did principles of federalism make the San Antonio Metropolitan Transit Authority immune from the Fair Labor Standards Act? The Court Concluded: In a 5-to-4 decision, the Court held that the guiding principles of federalism established in National League of Cities v. Usery were unworkable and that SAMTA was subject to Congressional legislation under the Commerce Clause. The Court found that rules based on the subjective determination of "integral" or "traditional" governmental functions provided little or no guidance in determining the boundaries of federal and state power. The Court argued that the structure of the federal system itself, rather than any "discrete limitations" on federal authority, protected state sovereignty (Oyez Project, 82-1913). This decision changed the way the Court utilized the 10th Amendment regarding state immunity towards certain activities involving commerce.
Constitution The United States Constitution is based on the self-interest view of human nature. It was created to provide people with a large number of freedoms. When the Founding Fathers sat down to write it, they carefully considered all the issues that they and their fellow countrymen had faced when they were still in England, before they came to America to have the freedoms they wanted (Billias, 2009). Because they knew
United States Constitution, the Articles of Confederation, the Declaration of Independence, and the Great Compromise The Articles of Confederation was the first document attempting to govern how the newly independent states were to act together in their union. However, the Articles of Confederation had significant flaws that rendered them an unrealistic tool for the government of the new states. While not all inclusive, the following are some of the weaknesses
. But it is a shame that the ERA -- an amendment that is fair, appropriate, and necessary -- is attacked by right wing organizations using phony, absurd arguments to shoot down this amendment. Nevertheless, the procedure that Congress and the states must go through to amend the Constitution has stood the test of time. And in any event, the U.S. Supreme Court has had the authority -- and has
1. What specific regulations/rules does the U.S. Constitution make about enslavement in America (article I: sect. 2 #1; article I, sect. 9, #1; article IV, sect. 2, #3)? Article I, Section 2 includes the “three-fifths” clause, which helped slave states gain more Congressional representatives by allowing slaves to count as “three fifths” of a person. Article I, Section 9, Number 1 places a new tax on the importation of new slaves,
Bill of Rights The United States Constitution was originally adopted at the Constitutional Convention in 1787, after the perceived failure of the colonies' first attempt at a foundational document for federal government, the Articles of Confederation. This is important to recall because in many ways the Constitution was written with an awareness of how such documents may fail in practice, and so its drafters included in Article 5 a set of
GOVERNMENT Government: US ConstitutionState laws cannot conflict with the Constitution, which is a constraint for state laws. It is so because if the conflict occurs, federal law shifts the state law under the Supremacy clause of the Constitution (Cornell Law School, n.d.).The Fifth Amendment implies that the death penalty cannot be rendered without due process of law (The New York Times, 1994). It appears that the death penalty could be
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