The Debate Over The Dormant Commerce Clause Essay

The Constitution of the United States was written in 1787 at the Constitutional Convention, where it was held in Philadelphia. It was written by a group of people known as “Farmers,” or the “Founding Fathers,” and few of the most famous Founding Fathers were George Washington (The first president of the USA), Thomas Jefferson (The first vice president and the third president of the USA) James Madison (The fourth president of the USA), Samuel Adams, and Benjamin Franklin. The old government, the Articles of Confederation was not working as it supposed to be, it was vulnerable and cannot secure and defend the new born nation and for that reason the constitution of the united states saw the light.

On July 3rd, 1776, the Second Continental Congress unanimously declared the independence of the thirteen United States of America from Great Britain. Determined to unify the thirteen colonies, the Continental Congress adopted the Articles of Confederation and Perpetual Union, the first constitution of the United States, on November 15, 1777. However, ratification of the Articles of Confederation by all thirteen states did not occur until March 1, 1781. Although the articles did not prevent the United States from winning independence, the innate flaws of the articles became apparent in the years following the revolution. The problems of the weak, purely legislative national government became too prevalent for agents of the revolution, such as James Madison and George Washington. Madison and Washington were strong supporters of a federal, or national, constitution, and on June 21, 1788, congress ratified the Constitution of the United States. And in doing so, violated the “Revolutionary Ideology” and the will of the American people.

The Commerce Clause is an enumerated power listed in the Constitution in Article 1, Section 8, and Clause 3. The Clause states that the United States Congress shall power, “To regulate Commerce with Foreign Nations, and among the several States, and with the Indian Tribes.” The Commerce Clause represents one of the most fundamental powers delegated to Congress. The 5th Circuit Court of Appeals agreed with Lopez and reversed his conviction, holding that, “Section 922, in the full reach of its terms, is invalid as beyond the power of Congress under the Commerce Clause” (Source 1.)

In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his

A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated

In 1787 at the Constitutional Convention in Philadelphia, the framers of the Constitution of the United States of America worked together to identify the best way to elect the President (Patterson, 2013). The ideas suggested varied and ranged from selection by members of congress chosen by lottery, to a popular vote of the people. By the end of the Convention the matter had yet to be settled as the framers fore saw that many of the suggestions were prone to corruption, error, and were very chaotic. The issue was passed down to the Committee on Postponed Matters, who in turn created the system that is used today and is commonly known as Electoral College (Kazin, 2011). The Electoral College was outlined by the Committee to up hold the views of the founding fathers, who were the framers of the Constitution.

The questions presented to the Supreme Court in Raich v. Gonzales (2005) are whether the Commerce Clause affords Congress the power to ban the growth, use, and sale of marijuana under the Controlled Substances Act and whether it can enforce that act against ill people whose doctors have prescribed medical marijuana as a remedy. Writing for the majority in that case, Justice John Paul Stevens employed Justice Stephen Breyer’s strand of pragmatism to answer those questions. The premise of Breyer’s approach is that the Constitution enshrines values and principles, but it grants judges the flexibility to apply those principles to changing circumstances (Yale 11). Hence, pragmatist judges embrace constitutional

The constitution of the United States of America is the founding document on which the government of America is built. It currently has twenty-seven amendments. It lines out the specific government practices as well as the system of check and balances. It was first drafted July, 1787 after the first form of government, the articles of confederation, had proven very inefficient to a point where it became almost redundant to have them in place. After a large amount of debate the acting continental congress decide to completely revise the current system. The constitution was efficient and fair and it kept the parts of government in place while not giving too much power to one or more branches.

In the Supreme Court case NFIB v. Sebelius, Roberts establishes his opinion on the role of the court, taking in consideration John Marshall’s opinion of judicial review in Marbury v. Madison; judicial review is present in both cases but in different ways. Roberts was aware that allowing Congress the power to control the purchase of healthcare services under the Commerce Clause was overstepping its boundaries, and so his opinion stating that Congress cannot control inactivity created precedential value.

The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican

In the Marbury versus Madison case, Chief Judge John Marshall distinguishes three questions that are used in the judgement of the case. He debates whether the applicant has a right to the commission he demands; whether, if he has a right and that right has been violated, the laws of his country afford him a

(Doc H) Madison argued that the Constitution did not give the federal government this power and therefore, did not let the law pass. However, this was only one part that showed Madison as a strict constructionist, since he passed a protective tariff on industry. In a speech to the House, John Randolph (Republican) proposed that the passing of a protective tariff was unjustified in the fact that there was no constitutional law backing the validity of a government sanctioned tariff. (Doc F) When Madison passed the protective tariff, he allowed the government to regulate commerce, which it was not permitted to do. The government only retained the right to pass a tariff to raise revenue. The Constitution did not list the regulation of commerce as a federal enumerated power; therefore showing Madison not acting like a strict constructionist and interpreting the Constitution like a loose constructionist. The decisions made by both Jefferson and Madison during their presidencies highlights a loose constructionist virtue in both

The Marshall Court has left numerous legacies in place in order to help establish this great nation. Chief Justice Marshall was a man that had many impacts on our Government from strengthening the authority of the Supreme Court in Marbury v. Madison, which gave the courts judicial review, to Gibbons v. Ogden, which gave the national government undeniable power over interstate commerce by ruling a New York steamboat monopoly invalid. There were many other cases as well that were important to the government’s growth; such as Fletcher v. Peck that made it where a state law can never overthrow anything that came against the Federal Constitution. Chief Justice Marshall presided over many cases and ruled over such cases in a way that he felt would benefit the ever growing American nation. Through it all he helped establish three legacies; helping to make the federal government supreme over all things that would control the economy, he also helped to open the pathway where there’s an increased federal part to be played in economic growth, and finally in an effort to further any and all new industrial capitalist economy, he helped to make permanent protection for corporations and private businesses so that the states couldn’t interfere. These legacies helped to establish a better American nation in more ways that we can know. A key part of all of this

The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm

The case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress increased the number of circuit courts. Adams sought to fill these new vacancies with people who had Federalist backgrounds. To accomplish this, he used the powers granted under the Organic Act to issue appointments to 42 justices of the peace and 16 circuit court justices for the District of Columbia. Adams signed the appointments on his last day in office and they were subsequently sealed by Secretary of State John Marshall. However, many of the appointments were not delivered before Adams left office and Jefferson ordered the deliveries stopped