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…...

mla

Wickard v Filburn (1942) - Filburn was a small farmer in Ohio. He was given a wheat acreage allotment of 11.1 acres under a Department of Agriculture directive which authorized the government to set production quotas for wheat. 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 of the Fair Labor Standards Act. 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.

U.S. v Lopez (1995) - Alfonzo Lopez, a 12th grade high school student, carried

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 of the Articles of Confederation: the federal government could not tax or regulate foreign and interstate commerce; each state had a single vote in Congress; there were no federal Executive or Judicial branches; Amendments required a unanimous vote; and a significant majority (9 of 13 votes) was required to pass legislation. The result of the Articles of Confederation was that the states engaged in constant bickering, which could not be resolved by the Federal government. The states failed to provide…...

. 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 used it often -- to interpret the Constitution, which is come cases is more drastic in terms of Constitutional changes than amendments themselves.
orks Cited

Chemerinsky, Erwin. "Amending the Constitution." Michigan Law Review. 96.6 (1998): 1-15.

Findlaw.com. "Twenty-Seventh amendment -- Congressional Pay limitation." Retrieved Sept. 3,

2011, from http://caselaw.lp.findlaw.com/data/constitution/amendment27/.

MacKay, Kathryn. "Equal Rights Amendment." Utah History to Go. Retrieved September 4,

2011, from http://historytogo.utah.gov/utah_chapters/utah_today/equalrightsamendment.htm.

University of Missouri-Kansas School of Law. "The Origins of the Intermediate Scrutiny Test

For Sex Classifications and the Proposed Equal Rights Amendment." Retrieved Sept.…...

mla

Works Cited

Chemerinsky, Erwin. "Amending the Constitution." Michigan Law Review. 96.6 (1998): 1-15.

Findlaw.com. "Twenty-Seventh amendment -- Congressional Pay limitation." Retrieved Sept. 3,

2011, from  http://caselaw.lp.findlaw.com/data/constitution/amendment27/ .

MacKay, Kathryn. "Equal Rights Amendment." Utah History to Go. Retrieved September 4,

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, essentially leading to the ban on the trans-Atlantic trade. Article IV, Section 2, Number 3 contains the Fugitive Slave clause. This clause mandates that anyone who apprehends a runaway slave return that person to the owner. Essentially, this clause makes it a crime to aid, assist, or house a fugitive slave. Source: United States Constitution
2. How specifically is the "3/5 compromise" a compromise between southern “slave states" (i.e., VA, SC, etc.) and northern “free-labor” states (NY, MA, etc.)?
The “three fifths”…...

mla

References

“Fugitive Slave Clause,” (2012). Heritage Foundation. Retrieved online:  

“Three-Fifths Clause.” Heritage Foundation. Retrieved online:  http://www.heritage.org/constitution/#!/articles/1/essays/6/three-fifths-clause 

“The Slave Trade and the Constitution,” (2012). Retrieved online:  http://abolition.nypl.org/essays/us_constitution/3/ 

United States Constitution. Available online:  http://constitutionus.com/ 

 

http://www.heritage.org/constitution/#!/articles/4/essays/124/fugitive-slave-clause 

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 provisions whereby the Constitution itself could be "amended" or changed in order to address anything that was not already covered in the existing text. Article 5 specifies that this may be done by Congress "whenever two thirds of both Houses deem it necessary." Yet there was not a slow and gradual trickle of such proposals -- instead, the first ten amendments that were actually made to the U.S. Constitution were all done at the same time, in 1791. Collectively, these…...

mla

Works Cited

Amar, Akhil Reed. The Bill of Rights: Creation and Reconstruction. New Haven and London: Yale University Press, 1998. Print.

Brant, Irving. The Bill of Rights: Its Origin and Meaning. Indianapolis: Bobbs-Merrill, 1965. Print.

Labunski, Richard. James Madison and the Struggle for the Bill of Rights. New York and London: Oxford University Press, 2008. Print.

Levy, Leonard W. Origins of the Bill of Rights. New Haven and London: Yale University Press, 1999. Print.

Second Amendment to the United States Constitution states: "A Well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." Advocates of civil rights and civil liberties constantly demand unhindered freedom of press, of speech, and religious freedom. But when the issue of the Second Amendment arises, many shy away or shun the concept of the personal right to bear arms. Suddenly political correctness supersedes personal freedom and constitutional ascendancy. This is not to say that the Constitution cannot be adapted to suit the needs of a changing society; on the contrary, the whole concept of amendments is based on the flexibility and adaptability of the United States of America and its Bill of Rights. But no matter how often the courts or the lobbyists rally in favor of or against "the right of…...

Clause 3 of the United States Constitution -- was apparently originally intended to give the federal government and the U.S. Congress the authorization to tackle "certain economic issues" (Patterson, 2012). The economic issues that the Commerce Clause was intended to relate to was the power to: first, regulate commerce with foreign nations, and two, with Native American tribes. This paper delves into the Commerce Clause and finds that there has been some abuse of the clause by the federal courts.
The Commerce Clause

The Commerce Clause authorizes Congress the power "…to regulate commerce with foreign nations, and among the several states, and with the Indian tribes…" (Cornell Law).

According to the Cornell University Law School, the Commerce Clause has historically been seen as a "restriction on states' powers to regulate" and as a kind of "grant of congressional authority." In fact Congress has used the Commerce Clause as a justification for wielding…...

mla

Works Cited

Barnett, Randy E. (2001). The Original Meaning of the Commerce Clause. University of Chicago Law Review. Retrieved April 29, 2012, from  http://www.bu.edu/rbarnett/Original.htm .

Cornell University Law School. (2007). Commerce Clause. Retrieved April 29, 2012, from  http://www.law.cornell.edu/wex/commerce_clause .

Patterson, Sandra J. (2012). U.S. Constitution: Interpretation and Use of the Commerce Clause.

Voices. Retrieved April 29, 2012, from  http://voices.yahoo.com .

Constitution of the United States was ratified after lengthy debate, mainly focused around issues related to the powers that would be bequeathed to the federal government. Although a gross oversimplification, the debate can be loosely qualified as being one between federalists on the one hand, and antifederalists on the other. Federalists, among them founding father luminaries from George Washington and Benjamin Franklin to James Madison, Alexander Hamilton, and John Jay, believed that a strong central government was the key to forming a successful and resilient new nation in the immediate aftermath of the colonies' divorce from Great Britain. The federalist views permeated the discussions and debates at the Philadelphia Convention, at which the Constitution of the United States was hammered out, drafted, and eventually ratified into the law of the land. The Constitution of the United States replaced the Articles of Confederation, which called for a looser union of…...

mla

References

Aboukhadijeh, F. (2012). Federalists vs. Antifederalists. Retrieved online:  https://www.apstudynotes.org/us-history/topics/federalists-versus-antifederalists-/ 

Ahearn, G.S. (1998). The spirit of American constitutionalism: John Dickinson's Fabius Letters. Humanitas 11(2).

Finkelman, P. (1990). James Madison and the Bill of Rights: A Reluctant Paternity. The Supreme Court Law Review 1990(1990).

Gray, T.C. (1978). Origins of the unwritten constitution: fundamental law in American revolutionary thought. Stanford Law Review 30(5): 843-893.

I The institutional power that I believe to be the most important is the Tenth Amendment to the Constitution: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.” The authority given to states by this amendment was to ensure that the federal government would never get to big—and yet over the years, this amendment has not proven to be a very good safeguard of states’ rights. So many states, for example, are dependent on federal subsidies that they will not assert themselves in many cases. However, there is still some sign that states recognize their autonomy. For example, in the case of the legalization of marijuana, many states have decriminalized its usage even though according to the federal government it is still a Schedule 1 narcotic (DEA, n.d.). Nonetheless, the federal government…...

mla

References

Brutus No. 1. (1787). Constitution. Retrieved from

DEA. (n.d.). Drug scheduling. Retrieved from https://www.dea.gov/druginfo/ds.shtml

U.S Const. amend. I.

U.S. Const. amend. X.

http://www.constitution.org/afp/brutus01.htm

The concept of universal human rights may have been seeded by the Magna Carta, but did not reach fruition until the United States Constitution had been drafted in the late eighteenth century. Built on the Enlightenment values of individualism and inalienable universal rights, the Constitution helped lay the groundwork for the French Declaration of the Rights of the Man and of the Citizen in 1789. In fact, these two documents emerged almost concurrently, in light of the major ideological, social and political changes taking place in Europe and North America. Those attitudinal changes would later take root globally. The universal human rights espoused and made law in these two documents started a revolution that resulted in the creation of the 1948 Universal Declaration of Human Rights. Four rights found in all three of these documents include freedom, equality, and the subordination of the law to the dignity of the person,…...

mla

References

The Constitution of the United States (1787).

Declaration of the Rights of Man (1789). http://avalon.law.yale.edu/18th_century/rightsof.asp

Universal Declaration of Human Rights (1948). http://www.un.org/en/universal-declaration-human-rights/

https://www.archives.gov/founding-docs/constitution-transcript

Competency 1 Historical problems were managed in the evolution of the U.S. Constitution through the working out of the system of rights that the states would have vs. the rights that would belong to the federal government. In the early days, it was very much a battle between those who wanted a strong central government (the Federalists) and those who wanted strong states (the Anti-Federalists). The Federalists were led by men like Alexander Hamilton, who wrote many of the Federalist Papers and warned Americans that if they did not adopt the Constitution, their nation would tear itself apart from the inside out; it would get involved in all kinds of foreign wars, and it would never be safe. The Anti-Federalists argued that a strong central government would quickly lead to a tyranny just like that which the Revolutionaries had opposed in the War for Independence. In the end the Federalists won…...

mla

References

Bazelon, D. L. (1975). The morality of the criminal law. Southern California Law Review, 49, 385-405.

Davis, A. Y. (2012) The Meaning of Freedom. San Francisco, CA: City Light Books.

Madison, J. (1788). Federalist No. 51. Retrieved from

Randa, L. (1997). Society’s final solution: A history and discussion of the death penalty. Lanham, MD: University Press of America.

Separation of Powers with Checks and Balances. (2018). Retrieved from https://www.docsoffreedom.org/student/readings/separation-of-powers-with-checks-and-balances

Weaver, R. (1984). Ideas have consequences. Chicago, IL: University of Chicago Press.

http://avalon.law.yale.edu/18th_century/fed51.asp

GOVENMENT 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 enforced, which according to Eighth Amendment, would be harsh.The appointment of power between the state and national government in the United States best describes the limitation of states to cat within their boundaries only (Shaw, 2019). They only exercise the powers assigned to the State, not the national government. States themselves, therefore, conduct the delegation.In the light of Article II, section 2, Constitutions clause 1, the United States president is the commander in chief of the US armed forces (Cornell…...

mla

ReferencesHarry S. Truman Library Museum. (n.d.). Keeping the balance: What a president can do and cannot do.   Art and Archives. (n.d.). Proportional representation.  https://history.house.gov/Institution/Origins-Development/Proportional-Representation/#:~:text=The%20Constitution%20provides%20for%20proportional,to%20the%20constitutionally%20mandated%20Census .National Archives. (n.d.). Constitutional amendment process.  https://www.archives.gov/federal-register/constitution US History.org. (n.d.). 3a. The founders and federalism.  https://www.ushistory.org/gov/3a.asphttps://www.trumanlibrary.gov/education/three-branches/what-president-can-do-cannot-do History,

What is Constitutional Law?Constitutional law, according to Carpers Understanding the Law, refers to the legal principles and rules that govern the establishment, interpretation, and implementation of constitutions (McKinsey & Burke, 2023). A constitution, no matter where it is composed or instituted, is a legal document that outlines the fundamental principles, powers, and structure of a government. Constitutional law, therefore, is based on the interpretation and application of those fundamental principles. The goal of constitutional law is to ensure that the government operates within the limits set by the constitution.There are of course various aspects of the US Constitution (and the legal principles that govern them) that have come under fire over the decades and centuries since its institutionalization (McKinsey & Burke, 2023). According to Carper, while the constitution is the supreme law of the land, and all other laws and regulations must conform to its provisions, there is plenty of…...

mla

ReferencesMcKinsey, J. A. & Burke, D.D. (2023). Carper\\\\\\\\\\\\\\\'s Understanding the Law, 7th ed., Cengage Learning Publishers.

The Supreme Court is the most powerful body of men in the United States, contrary to what many people believe.
The powers of the three branches of government are enumerated in the three charters of freedom: The Declaration of Independence, Constitution of the United States, and the Bill of ights. Together, these documents enumerate the rights and freedoms of the citizens of the United States, inherent by virtue of their citizenship; and they enumerate and limit the powers of the three branches of government in such a way as to create a system of checks and balances that cause the actions to be scrutinized by the other branches, and, if the office of the President, or the president, does not agree with legislation crated by the House of epresentatives, sent to the United States Senate for approval, the president can veto the bill containing the legislation. Likewise, the president's veto…...

mla

Reference List

U.S. Federal Government, located online, found at   retrieved 1 February 2008.http://www.usa.gov/Agencies/federal.shtml ,

achievement of independence left the American statesmen in a serious institutional dilemma. The new state founded, what was to be its form of organization on the other hand, if decided on the federal organization, the statesmen obviously needed to decide both on the states' representation in the institutions, but also on what these institutions would be. James Madison's notes from May 30 are eloquent in describing the debates around these issues.
As it is suggested in the beginning of the note, there were generally three issues that needed to be addressed at Confederate level and upon deciding on the form of organization. These were "common defense, security of liberty & general welfare"

. On a scale describing the level of integration, one had to decide upon establishing a national government or leaving things at an inferior level of integration and achieving the three issues based on a common treaty between the…...

To provide an answer to this question, it is really important to know which government is the subject of your question.  In some countries, the government is absolutely prohibited from imposing the types of regulations on speech that answering yes to the question would require.  These types of absolute prohibitions, such as the First Amendment to the United States Constitution, significantly impact whether a government could regulate social media, even if regulating social media would help prevent the spread of fake news and misinformation.  Therefore, any discussion of whether they should regulate this type of speech has....

1. The Struggle for Autonomy: The Impact of British Colonial Policies on Colonial Identity

Discuss the British policies that restricted colonial autonomy, such as the Navigation Acts and the Stamp Act.
Analyze how these policies fostered a sense of collective grievance and the desire for independence.
Examine the ways in which colonists resisted British control through boycotts, protests, and the formation of political organizations.

2. The Economic Foundations of the American Colonies: Agriculture, Trade, and Manufacturing

Describe the various agricultural practices and products that formed the backbone of the colonial economy.
Trace the development of trade networks between the colonies and....

Ideological Differences between Federalists and Anti-Federalists
The Federalists and Anti-Federalists were two opposing political factions that emerged during the debate over the ratification of the United States Constitution. Their distinct ideologies shaped the contours of the American constitution.
Federalists
Strong National Government: Federalists believed in a robust central government with ample authority to regulate interstate commerce, raise taxes, and defend the nation.
Checks and Balances: They supported a system of checks and balances among the three branches of government to prevent any one branch from becoming too powerful.
Limited Popular Sovereignty: While Federalists acknowledged the importance of popular representation, they also feared....

The Sixth Amendment: A Bulwark of Individual Rights

The Sixth Amendment to the United States Constitution is a fundamental pillar of the American criminal justice system. It provides a comprehensive set of rights to individuals accused of crimes, safeguarding their due process protections and ensuring a fair and impartial trial.

Key Rights Guaranteed by the Sixth Amendment:

1. Right to a Speedy and Public Trial:

Ensures that individuals are not held in pre-trial detention indefinitely.
Protects against protracted delays that could weaken the defense or undermine public confidence in the justice system.
Guarantees the right to a public trial, fostering transparency and accountability.

2.....