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Necessary And Convenient: The Effect Of Commerce And Necessary And Proper Clause Jurisprudence, Janis Olkowicz
Necessary And Convenient: The Effect Of Commerce And Necessary And Proper Clause Jurisprudence, Janis Olkowicz
Honors Undergraduate Theses
While reading a news article about the upcoming presidential election one day, I noticed a trend. The vast majority of political articles discuss what the federal government should do, but almost never cover what it could do. In elementary school, American children are taught that the Constitution, a 4,543-word document, is the place from which all federal power is derived; but the Constitution says nothing about the regulation of travel, narcotics, or the vast majority of other areas that affect the way we live our daily lives, so where does that power come from? After some preliminary research, I discovered …
Interest Groups And Supreme Court Commerce Clause Regulation, 1920-1937, Barrett L. Anderson
Interest Groups And Supreme Court Commerce Clause Regulation, 1920-1937, Barrett L. Anderson
All Graduate Theses and Dissertations, Spring 1920 to Summer 2023
Did interest groups influence the Supreme Court’s interpretation of federal economic regulatory authority under the Commerce Clause leading up to the Supreme Court’s 1937 reversal? Recent scholarship has begun a renewed study of this tumultuous era seeking alternative explanations for the Court’s behavior beyond the conventional explanations concerning Roosevelt’s court packing plan. I build on this literature by extending the discussion to the influence that interest groups may have had on the Court. I propose that interest groups served as a supporting and influential audience for the Supreme Court as the justices’ institutional legitimacy became threatened by both the political …
The Constitutional Conundrum: Commerce And The Tenth Amendment, Jennifer Marie Walker
The Constitutional Conundrum: Commerce And The Tenth Amendment, Jennifer Marie Walker
Capstones and Honors Theses
Since the drafting of the United States Constitution, the power of both the federal government and the individual state governments has been a topic of controversy. The Constitution's strong focus on federal powers ultimately threatened to derail ratification. To secure the ratification of the Constitution, a Bill of Rights was added to the document. Comprised of ten amendments, the Bill of Rights generally elaborated on individual rights. The Tenth Amendment, however, dealt more specifically with the federal-state relationship. Several early federal court cases established the federal judiciary's power to answer important Constitutional questions. This power thus granted the federal judiciary …