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The Commerce Clause emerged as the Framers' response to the central problem giving rise to the Constitution itself: the absence of any federal commerce power under the Articles of Confederation. For the first century of our history, the primary use of the Clause was to preclude the kind of discriminatory state legislation that had once been ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated or CONAN) is a publication encompassing the United States Constitution with analysis and interpretation by the Congressional Research Service along with in-text annotations of cases decided by the Supreme Court of the United States. [1]
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), is a landmark United States Supreme Court [1] decision in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the Fair Labor Standards Act, which requires that employers provide minimum wage and overtime pay to their employees, to state and local governments. [2]
Wickard v. Filburn, 317 U.S. 111 (1942), was a landmark United States Supreme Court decision that dramatically increased the regulatory power of the federal government. It remains as one of the most important and far-reaching cases concerning the New Deal, and it set a precedent for an expansive reading of the U.S. Constitution's Commerce Clause for decades to come.
Ogden the Court asserts the supremacy of the Constitution: "In every such case the act of Congress or the treaty is supreme; and the laws of the State, though enacted in the exercise of powers not controverted, must yield to it." Chief Justice Roger Taney preferred a narrower commerce clause than Gibbons. The Taney Court's decision in Cooley v.
Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause and the Equal Protection Clause, and deals with post–Civil War issues. June 13, 1866 July 9, 1868 2 years, 26 days 15th: Prohibits the denial of the right to vote based on race, color or previous condition of servitude. February 26, 1869 February 3, 1870
The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler.