Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- U.S. Supreme Court case (5)
- Taney Court (3)
- Constitutionality (2)
- Implied federal powers (2)
- Implied powers (2)
-
- Agribusiness (1)
- Antitrust regulation (1)
- Bank Recharter Bill (1)
- Bank Veto Message (1)
- Chief Justice John Marshall (1)
- Commerce clause (1)
- Constitutional history (1)
- Constitutional pedagogy (1)
- Deference to Congress (1)
- Economic health (1)
- Enumerated power (1)
- Farm Bill (1)
- Federal law (1)
- Federal power (1)
- Federalism (1)
- Food law history (1)
- Food regulation history (1)
- Food safety (1)
- Food standards (1)
- Food supply (1)
- Food system reform (1)
- Fourteenth Amendment (1)
- Government food policy (1)
- Historical developments (1)
- Jurisprudence (1)
Articles 1 - 7 of 7
Full-Text Articles in Legal History
Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe
Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe
Journal of Food Law & Policy
Why is the relationship between our food system and federalism important to American law and health? It is important simply because federal law controls the American food system. This essay considers how federal law came to structure our food system, and suggests that though food is an essential part of our national economy, the dominating role of the federal government alienates citizens from their food system. It does so by characterizing food as a primarily economic issue, rather than one that has ethical, health, and cultural components. However, state and local governments have much to offer in terms of broadening …
Food Law & Policy: An Essay, Peter Barton Hutt
Food Law & Policy: An Essay, Peter Barton Hutt
Journal of Food Law & Policy
Food has been the driving preoccupation of humans since the dawn of evolution. Exactly when food processing began and when the original hunter-gatherers settled down to develop agriculture-or even the question of which of these occurred first-remain issues of scholarly pursuit and debate. It is clear, however, that these events occurred millennia before the advent of recorded history; therefore, we must rely on largely adventitious discoveries of archeological artifacts to advance our developing knowledge of these events.
Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz
Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz
Arkansas Law Review
On July 10, 1832, President Andrew Jackson issued the most famous and controversial veto in United States history. The bill in question was “to modify and continue” the 1816 “act to incorporate the subscribers to the Bank of the United States. This was to recharter of the Second Bank of the United States whose constitutionality was famously upheld in McCulloch v. Maryland. The bill was passed by Congress and presented to Jackson on July 4. Six days later, Jackson vetoed the bill. Jackson’s veto mortally wounded the Second Bank, which would forever close its doors four years later at the …
Overruling Mcculloch?, Mark A. Graber
Overruling Mcculloch?, Mark A. Graber
Arkansas Law Review
Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. …
M'Culloch In Context, Mark R. Killenbeck
M'Culloch In Context, Mark R. Killenbeck
Arkansas Law Review
M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …
The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson
The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson
Arkansas Law Review
All legal “interpretation” involves confrontation with inherently indeterminate language. I have distinguished in my own work between what I call the Constitution of Settlement and the Constitution of Conversation. The former includes those aspects of the Constitution that do indeed seem devoid of interpretive challenge, such as the unfortunate assignment of two senators to each state or the specification of the terms of office of representatives, senators, and presidents. I am quite happy to concede that “two,” “four,” and “six” have determinate meaning, though my concession is not based on a fancy theory of linguistics. It is, rather, a recognition …
Mcculloch At 200, David S. Schwartz
Mcculloch At 200, David S. Schwartz
Arkansas Law Review
March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the Jeffersonian strict-constructionist argument that implied powers …