created the constitution they realized that any document meant to frame a government needed flexibility, in recognizing this they incorporated the elastic clause, the Amendment process and Judicial review and interpretation. The elastic clause, which is found in Article 1, Section 8, Clause 18, states that congress may pass all laws necessary and proper.…
The Commerce Clause is found in Article I Section 8, of the United States Constitution and was the original grant of power to Congress by the people to regulate interstate commerce. The clause is short and simply states “Congress shall have the power to regulate Commerce with foreign Nations, and among several States, and with the Indian tribes” (The U.S. Constitution, 1788). Though the language seems clear in its meaning, in the 240 year history of the United States the clause has been…
faced, the misconduct of Abraham Lincoln. I seek the necessary justice to be brought to our current president, Mr. Lincoln. Not only has Mr. Lincoln stepped outside his respective presidential power, but he has acted unconstitutionally, and thus he deserves to pay for his actions. Throughout this American Civil War, Lincoln has executed many improper, unjustified, and unconstitutional deeds, and on those grounds, he deserves to face the proper consequences, just as anyone else who did what…
contractual rights. The Marshall Court ruled that the charter was protected under the contract clause of the U. S. Constitution, which upholds the sanctity of contracts. As a result, Dartmouth College remained a private institute and New Hampshire, along with other states, began to create its own public universities. The ruling soon became important to the economic history of the United States. The contract clause provided no exceptions with respect to private, nonprofit entities, but the case…
important to note that taxation is theft, but if there is one lesson to take from America’s history, it is that taxation (or a mechanism to raise revenue in general) is vital to a healthy and functioning government. It is a necessary evil. Even though taxation may be necessary, the income tax…
notice since he has been working for the company for more than four years but less than five years. A similar case at Lougheed Imports v. Local was undergone in 2010, where employees posting a few comments about their employer on Facebook was deemed proper cause for the termination of their employment. By contextualizing the following dilemma with similar happenings, it is evident that Ethan’s public assessment of the retirement home as well as their management acted as a trigger for the…
On a wet spring day in 1787, a group of powerful men gathered together to revise the articles of confederation. Instead however, they covertly framed an entirely different form of government, a republic made up of three different branches, judicial, executive, and legislative. Once released to the public, many citizens had extreme doubts about this new government. They feared that because of the government’s size and lack of diverse representation, that it would fail to represent the concerns…
Commerce Clause – The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. This clause keeps states from cheating each other, for example: two states tried to ruin each other’s economies by raising the trading taxes through…
I’m not talking about a sheriff, I’m talking about John Marshall, the fourth Supreme Court Chief Justice. Serving from 1801 until his death in 1835, he became one of the most influential chief justices. He took part of 30 important court cases and influenced the modern day constitution and modern present day. When the United States was starting out, it took a long period of time to establish order. The Articles of Confederation was failing so they came up with the idea of the constitution.…
Appropriations Committee: A congressional committee that works with federal spending. So What: The appropriations committee holds the power of the purse, and controls all the senate's spending. Bicameralism: A lawmaking body made up of two houses. So What: In a bicameral legislature bills are produced in a way that will represent the states and the people. commerce power: Power to regulate foreign trade and between the states. So What: Commerce power is important because it’s congress’…