Equal Protection Clause

Jennings (2018), “The Commerce Clause is found in Article I, Section 8, Part 3, of the U.S. Constitution and provides Congress with the power “to regulate Commerce with foreign Nations, and among several States” (p.143). The constitution itemizes certain powers within the federal government. Powers that is not authorized to Congress by the Constitution is remoted for the state due to the establishment of the Tenth Amendment. Congress has been observed using the Commerce Clause to explain…

“separate but equal” doctrine of the Plessy v. Ferguson (1896), African Americans finally gained their first step to actual equality, specifically in school. The “separate but equal” doctrine established separate facilities, including separate schools, for blacks and whites that were said to be equal, but were not. In fact, whites only schools provided much better education than blacks only schools. The separate school systems were inherently unequal and therefore failed to acknowledge the Equal…

whether or not racial segregation is constitutional under the separate but equal doctrine. The second case is about Brown v Board of Education which decided that state laws requiring separate but equal schools violated the Equal Protection Clause of the 14th Amendment. Both cases had a powerful effect on the precedents that we now have in today's justice system. Plessy v Ferguson established the doctrine of “Separate but Equal” and Brown v Board of Education concluded that separate public…

Homer Plessy challenged the 1875 Civil Rights act that all races were entitled to equal accommodations and facilities in public places. Plessy was removed from the East Louisiana Railroad train and arrested because he violated the separate but equal clause set in place that separated train car seats by race. It spoke about racial segregation laws and bills for places and accommodations under the separate but equal clause. The decision was ruled seven to one, not in favor of Plessy.…

opposition of the legality of the state of Colorado’s legalization of recreational marijuana. The constitutionality of Congress being able to regulate recreational marijuana under the Controlled Substance Act of 1970, as well as the use of the Commerce Clause, is something that the court system needs to intensely scrutinize. Looking back at the precedents that have been set throughout the history of the Supreme Court, such as “Wickard V. Filburn (1942),” “Gonzalez V. Raich (2005),” “Gibbons V.…

According to the article The Architect Matthew Dowd states, that republican that had money started to immigrate to Texas. In-migration changing drastically in the state of Texas and they started to lose democrat and this why we have more republicans now. The vote in Texas is divided into democratic and republican voter but republicans outnumber democrat each year. It affects the patterns because the lower part of Texas is voting for democrat and the upper part of Texas votes for republican win…

in preparation for this day people make family traditions on who gets to put the star on top of the tree to Christmas caroling. It’s a day that every kid waits up all night trying to hold back from closing her eyes to catch a glimpse of the Santa Clause. The waking up and ignoring the cold floor as walking across in a blanket still wearing pajamas and the whiff of pine clarifying its Christmas. People look forward to Christmas as an opportunity for a religious purpose and to come together on…

Sebelius, 567 U.S. ___ (2012). This particular case had to do with the constitutionality of the Patient Protection and Affordable Care Act’s Individual Mandate. In the opinion of the court, Justice Roberts wrote that “the commerce power… does not authorize the mandate”. However, the case did not stop there. Justice Roberts goes on to say “[t]hat is not the end of the matter. Because the Commerce Clause does not support the individual mandate, it is necessary to turn to the Government’s second…

violates the Fifth Amendment by allowing the government to take property without just compensation.” While, the federal government has a constitutional right to "take" private property for public use, however, the Fifth Amendment's Just Compensation Clause requires the government to pay just compensation, interpreted as market value, to the owner of the property. Subsequently, the empirical result of Obamacare proves it…

substantial burden large number of school shootings has on interstate commerce. Additionally, people are not “subjects to commerce” (New York v. Miln 1837, p.227). Moreover, as stated in National Federation of Independent Business v. Sebelius, the commerce clause “authorises congress to regulate interstate commerce not to order individuals to engage in it” (National Federation of Independent Business v. Sebelius, p.283). At the same time, this legislation violates the constitution by threatening…