Modern Views of the Commerce Power
Wickard v. Filburn (1942)- upheld the marketing provisions and crop restrictions of the Agricultural
Adjustment Act of 1938 to a farmer who had grown excess wheat for consumption only on his own farm.
Although wheat neve
NATIONAL TAXING AND SPENDING POWER
Articles of Confederation- principle weakness of central government was lack of power by Congress to
levy taxes. Led to Constitutional Article I Section 8.
Direct Taxes- levied according to the rule of apportionment amo
PROPERTY RIGHTS AND THE DEVELOPMENT OF DUE PROCESS: TEXTUAL AND
NONTEXTUAL LIMITATIONS ON POLITICAL POWER
Antinomy- conflict between doctrines
Vested rights- sanctity of private property and demands that legislation not unduly or unreasonably
THE POLITICAL SUPREME COURT
Constitutional Law- the prevailing meaning of the Constitution as found mainly in decisions by the US Supreme Court.
Decisions are legal, vital foundation of political system.
FEDERALISM: NATION AND STATES IN THE CONSTITUTIONAL ORDER
Federalism- a dual system in which governmental powers are constitutionally distributed between central
(national) and local (state) authorities.
Antifederalists- opposed the ratification in 1787-1
COMMERCE POWER AND CONGRESS: BASIS OF THE MODERN STATE
Sherman Anti-Trust Act- Congress using its commerce power. Rationale: certain combinations and
conspiracies in businesses that had the effect of restraining or monopolizing interstate commerce should
COMMERCE POWER AND THE STATES: THE DORMANT COMMERCE CLAUSE
Police Power- general, residual, and regulatory authority retained by the states under the Constitution.
Taneys Court, only practical tool at hand to cope with the pressing problems of the day. T
Unstaged Debate of 1788: Alexander Hamilton v. Robert Yates- NY ratification struggle, Yates opposed
essays, worried about Supreme Court as powerful entity that can break away from
government. People cant impeach or appoint, anti-democratic
Munn v. Illinois (1877)- Upheld a statute fixing rates for grain warehouses. Chief Justice Waite:
principles of common law, reasoning that when people devote their property to a use in which the public
has an interest, the property ceases to be private (j
Cohens v. Virginia (1821)
Facts: An act of Congress authorized the operation of a lottery in the District of
Columbia. The Cohen brothers proceeded to sell D.C. lottery tickets in the state of
Virginia, violating state law. State authorities tr