...The Commerce Clause: Protector of Trade or Tool for Expanding Government Power? Ever since its inclusion in the Constitution, the Commerce Clause, along with the Necessary and Proper clause, has been a source of debate and contention. Indeed, there were over 1400 cases filed with the Supreme Court challenging its application before the 20th century alone. With the passage of the controversial Affordable Care Act, the Commerce Clause was brought once more to the forefront of national attention. The Obama administration, and other prominent voices on the Left, claim that the clause itself gave them broad powers of control and regulation. Those on the Right claim that the clause was put into place specifically to limit the influence of the Federal government on the power of trade between the states. The question is clear: does the Commerce Clause truly grant unlimited power to expand the Federal government through regulation, or has it been abused by those in the Federal government off and on since its inception? I will attempt to answer this question by examining first the Clause itself, the Federalist Paper written by James Madison (the father of the Commerce Clause) and then the Supreme Court cases which have called it into question. Let us begin by examining the wording of the Commerce Clause (along with the Necessary and Proper clause) itself: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the...
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...Plessy v Ferguson Constitutional Issue Dispute over legality of segregated railroads cars in Louisiana due to the 1890 Separate Car Act, which was in violation of the 14th Amendment Main Arguments Plaintiff- Homer Plessy was denied his rights under the 13th and 14th amendments The 14th amendment guaranteed rights to all citizens, and Plessy was being deprived of life, liberty and happiness Defendant- Judge John Ferguson ruled the state has a right to regulate railroads in its own boundaries In the Louisiana Courts, the argument was based off the North’s laws about intermixing and segregation could not be changed Decision of the Court 7-1 The Court found that there was no violation of the Fourteenth Amendment in the Separate Car Act. Rather the decision to stay separate was for public policy Justice Brown wrote “We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority” The Lone Dissenter, Justice Harlan, viewed the ruling as racist, and against American values He blasted the majority by explaining “There is no caste here. Our constitution is colorblind, and neither...
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...Jefferson vs. Hamilton: Confrontations that shaped the Nation Thomas Jefferson was born in affluence to his father, Peter Jefferson, a rising young planter in the Virginia colony, and his mother, Jane Randolph, who held a high status within the colony as well. Due to his father’s prosperity Jefferson was afforded the absolute best in the ways of education, starting with private tutors at the age of five, then moving on to learn how to read Greek and Roman and finally taking his studies to the College of William and Mary in Williamsburg which he would say is “…what probably fixed the destinies of my life…” (5). On the other side of the spectrum, Alexander Hamilton son of James Hamilton, a Scotsman of a well-known family but never flourished on his own, and his mother, Rachel Fawcett Lavien, who had left her husband to live with James Hamilton. Hamilton’s early life was just that his father “drifted away” and his mother passed in 1768. Lacking wealth, Hamilton’s educational opportunities in his young life were nonexistent; however this did not stop him from gaining a vast knowledge of business and finance that he would later on use in his services to President George Washington. In addition to these politically influential men’s different early lives, they have their differences in opinions. Thomas Jefferson and Alexander Hamilton were not just on different issues that shaped the nation, but they were at the head of those differences. Jefferson distrusted the federal government...
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...It is simple to see how the creation of the American system of government was revolutionary. After winning independence, a group of colonies varying in size, wealth, and demographics came together to become a strong country with a republican government that was truly ahead of its time. However, what is often overlooked is how remarkable the successful implementation of the American government is. One of the men who helped turn the radical idea into a functioning government was John Marshall. Overall, Marshall influenced the American government in many ways but he is particularly famous for giving the judicial branch its power. Marshall was born on September twenty fourth, 1755 in Fauquier county, Virginia to Thomas Marshall and Mary Rudolph...
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...University of Phoenix Material Influences on the Constitution Table Write one or two paragraphs in each section. Include citations for your sources. |Documents |Summary |What was its influence on the Constitution? | |Magna Carta |The Magna Carta was signed between the Barons of Medieval England and King John. The |The Magna Carta established the right of due process and provided a basis of higher law that could not | | |Great Charter was signed at Runnymeade near the Windsor Castle and was an attempt by |be altered by executive mandate or legislative acts ("Magna Carta: Cornerstone Of The U.s. | | |the Barons to prohibit the King from abusing his power over the people ("Magna |Constitution", n.d.). | | |Carta", 2000-2012).. | | | |The Magna Carta consists of 63 clauses, many of the clauses address the English legal |Magna Carta: Cornerstone of the U.S. Constitution. (n.d.). Retrieved from | | |system. It states that every man shall...
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...The Declaration of Independence can be divided into four main parts. The first part is an introduction that states the purpose of the document, which was to explain why the American people were declaring independence from the government of Great Britain. The second part is a theory of good government and individual rights generally accepted by Americans from the 1770s until today. In this theory, all individuals are equal in their possession of certain immutable rights. These rights are not granted by the government. Rather, they are inherent to human nature. Therefore, the first purpose of a good government is to secure or protect these rights. Further, a good government is based on the consent of the governed -- the people -- who are the sole source of the government's authority. If their government persistently violates this theory of good government, then the people have the right to overthrow it. The third part of the document is a list of grievances against King George III, who was singled out to represent the actions of the British government. These grievances are examples of actions that violated the criteria for good government stated in the second part of the Declaration of Independence. These grievances, therefore, justify separation from the King's bad government and establishment of a good government to replace it. The fourth and final part of the document is an unqualified assertion of sovereignty by the United States of America. It proclaims the determination of...
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...Chapter 03 - Federalism 1. Governmental Structure 1. The single most persistent source of conflict in U.S. politics since the adoption of the Constitution has been the relations between the national and state governments. 2. Today, an effort is underway to reduce national gov’t powers, giving more strength to the states; this effort is known as devolution. 1. Some proposals give states block grants in which states get money that they can spend in any way they want—as long as it is within broad guidelines set by Congress. 3. Federalism is the political system in which local units of government and a national government make final decisions with respect to at least some governmental activities and whose existence is specially protected; both local and national forms of government have their own sovereign powers and some powers that overlap, thus making the two share authority. 1. The United States, Canada, Australia, India, Germany, and Switzerland have federal systems. 2. France, Great Britain, Italy, and Sweden have unitary systems in which the national government can abolish local governments at will and have the final say in all important gov’t matters. 3. Federalism works in practice due to the people; the USSR technically had a “federalist” gov’t, but in reality, the Kremlin controlled the “states.” 1. It takes the commitment of the people to support a slightly...
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...was written to emphasize the limited nature of the powers delegated to the federal government. In delegating just specific powers to the federal government, the states and the people, with some small exceptions, were free to continue exercising their sovereign powers. When states and local communities take the lead on policy, the people are that much closer to the policymakers, and policymakers are that much more accountable to the people. Few Americans have spoken with their president; many have spoken with their mayor. It was clear in the minds of our founding fathers while they were framing the constitution that federal government was supposed to indulge itself in external matters, such as war, peace, negotiations and foreign commerce, also included was the power of taxation. The state government was able to exercise their power over all other...
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...mainly as land, in calculating taxes that are to be paid. As Thomas Jefferson said in his jottings taken during the debates, the Southern states would be taxed based on their numbers and their wealth together, at the same time the Northern would be taxed on numbers only. After planned adjustments of one-half by Benjamin Harrison of Virginia and three-fourths by several New Englanders failed to get ample support, Congress eventually agreed on the three-fifths idea James Madison suggested. While the initial change to the Articles of Confederation had failed, the Three-Fifths Compromise was ratified without a huge debate in the creation of the new Constitution. This big controversy contributed greatly to the start of the civil war. Another problem at the convention was what needed to be fixed about the international slave trade, in particular the slaves being imported. The three states that still condoned importation claimed that they would flee the convention if the trade of slaves became illegal. Anti-slavery congressmen were made to succumb in their claims that slavery that was happening in the lines of the new country be altogether abolished. However, they went on arguing that the Constitution should stop states from engaging in the international slave trade, counting the bringing in of new slaves from Africa and the smuggling of slaves to other countries. Because of its nonstop nature, and because senators did not want the approved changes of the Constitution to fail because...
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...frame of mind would not be too far from the truth. Our economic structure and business establishment has grown in such a way over past centuries that we depend on these conglomerates as a foundation of economic stability. In turn, they seek from us the same rights as businesses that we as individuals are granted as citizens of this great country. In the following pages, we will explore this concept further in understanding what Corporate Personhood is and discovering the case of Citizens United v. Federal Election Committee, including the parties involved, reasons for the case, arguments for and against the case, how this historic event relates to current events, and finally how the decision on this case affect our future in the corporate world. In order to better understand how corporate personhood works, it is important to understand where this idea comes from and how it ties into the case of Citizens United v. Federal Election Committee. Corporate personhood finds its initial roots...
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...For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e.constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a writtenconstitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5] while...
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...Chapter Three Federalism: Forging a Nation Chapter Outline I. Federalism: National and State Sovereignty A. The Argument for Federalism 1. Protecting Liberty 2. Moderating the Power of Government 3. Strengthening the Union B. The Powers of the Nation 1. Enumerated Powers 2. Implied Powers C. The Powers of the States II. Federalism in Historical Perspective A. An Indestructible Union (1789–1865) 1. The Nationalist View: McCulloch v. Maryland 2. The States’ Rights View: The Dred Scott Decision B. Dual Federalism and Laissez-Faire Capitalism (1865–1937) 1. The Fourteenth Amendment and State Discretion 2. Judicial Protection of Business 3. National Authority Prevails C. Toward National Citizenship III. Federalism Today A. Interdependency and Intergovernmental Relations B. Government Revenues and Intergovernmental Relations 1. Fiscal Federalism 2. Categorical and Block Grants C. Devolution 1. The Republican Revolution 2. Devolution, Judicial Style IV. The Public’s...
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...since the ratification of the Constitution in 1791. Describe how the provisions within the Constitution pertaining to the ‘power to tax and spend’ (Art.1, sec.8, pt.1) and the ‘commerce clause’ (Art.1, sec.8, pt.3) have been used over time to expand federal power and thus the power of the President. “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” (Declaration of Independence, n.d.). Taken adapted from the scholar John Locke’s “Life Liberty and Estate” in his text the ‘Second Treatise of Government’, (Locke, J. 2005) and incorporated into the United States declaration of independence. Much has been said on the influence of Locke, on Thomas Jefferson during the drafting of the United States declaration of independence, such as was argued by McKay, (2005 pp. 44) . However, where Locke emphasized the importance of procuring and maintaining a limited government, it appears his influences on the political foundation of the United States drew to a halt here. As we are now bearing witness, to one of the most rapidly expanding government institutions in western liberal democracy. In this essay, I intend to discuss how the expansion of federal government power has increased exponentially, all the while power at the state level has diminished. I also intend to view how the head of the judicial branch of government; the Supreme...
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...The Congress began to see things the same way: on July 7, 1776, the Congress passed a motion stating, “These United Colonies are, and of right ought to be, free and independent states…” Following Congressional approval, Thomas Jefferson penned the Declaration of Independence. Loyalists, those who supported the crown, numbered some 20% of the population, but revolutionary attitude was enough to drive out 80,000 supporters of King George following the passing of the Declaration. Despite ambivalence on the parts of many colonists, it was the patriots whose feelings on the matter were strongest, and the rest of the colonies fell in...
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...cabinet 1st Congress – lots of work. 1.Springtime meeting – ½ of all trade takes place at that time, concerned about losing revenue James Madison – drafted tariff and tonnage bills Tariff – import tax – Tonnage – licensing fee Generate revenue to kick start the economy 2. Bill of Rights Originally their were 12 – but gutted down to 10 2nd amendment right – right to bear arms AND maintain a well-regulated militia Reaction to Boston Massacre, Quartering Act, etc. All amendments reactions to the revolution Passed and ratified by 1791 3. Pay for the President and Congress 4. unilateral removal of individuals – the cabinet members serve at the pleasure of the President 5. Establish a Cabinet 1st sec of state – Thomas Jefferson 1st sec of Treasury – Alexander Hamilton 5. Creation of the Judiciary - Judiciary Act of 1789 – 1. deemed that a trial court should be established in every state – called district courts – 13 2. appeals levels courts – circuit courts 3. establish the number of Supremes at that 6 – groups of 2 – travel around and works the circuit courts Lifetime Appointments 1st Chief Justice – John Jay, hated the job, so John Marshall will take over Hamilton’s Financial Program - *** 1st congress asked...
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