United States v. Lopez

Article I, Section 8 of the U.S. Constitution states that “Congress shall have power to regulate commerce with foreign nations, among the several states, and with the Indian Tribes” (Epstein, et. al., 2017). “Congress can regulate the channels of interstate commerce and has the authority to regulate and protect the instrumentalities of interstate commerce, and persons or things in interstate commerce. Congress has the power to regulate activities that substantially affect interstate commerce” (Epstein

“federal triumvirate” became evermore unlikely in the eyes of many (McCloskey 19). Second, the court must gain acceptance for the idea of “judicial review, the power that is to refuse to enforce an act deemed unconstitutional at either the federal or state levels.” (McCloskey 18) Judicial review is essential in the checks and balance system had never been practiced to this point. It was a theory that was unproven. The fact that judicial review was just theory at this point hindered the idea of judicial

between different levels of government” (Barbour and Wright 75). In America, this division would be between the national and state level. Now, how is federalism applied in the American law? It is not seen in a single section of the Constitution that explains federalism itself, but it is seen throughout the Constitution as it compares the power of the national government and the states. For an example, given that Congress are the lawmakers of the national government, many powers of the national government

Citation: Fernandez v. California, 134 S. Ct. 1126 (2014). Facts: Abel Lopez was attacked in “Los Angeles in October 2009”. While cashing a check he spoke to a man who was identified as petitioner Walter Fernandez. After being asked a series of questions by Walter Abel was attacked and chased. The reason being is that Abel was in the territory of the “Drifters”, a gang that wasn’t very welcoming to people being in there territory. While running Abel called 911 but Fernandez stopped him by whistling

Inter-American Commission on Human Rights (hereinafter, the "Commission" or "IACHR") received a petition filed by Caroline Bettinger-López, Emily J. Martin, Lenora Lapidus, Steven Macpherson Watt, and Ann Beeson. , lawyers of the American Union for Civil Liberties [1] (hereinafter, the "petitioners") against the Government of the United States. (hereinafter, the "State" or "United States"). The petition was filed in the name of Mrs. Jessica Gonzales (Lenahan), a US citizen who alleges that the police did not

Race has been a controversial topic for many years. Depending on your race it can be a blessing or a misfortune. According, to articles such as “Ten Things Everyone Should Know About Race” or “Race: Is It a Valid Issue?” they all come to the conclusion that race is a social construct because race cannot be determined by genetics or the color of the skin. There is no such thing as subspecies we are all human beings. Yet, for many years’ people of European ancestry (whites) have committed monstrous

Health care has been a much need but problematic institution for the United States over the last several decades. Particularly private companies have been the main cause of high premiums and the denial of coverage for the previously ill. In attempts to remedy these issues congress in conjunction with the President of the United States Barack Obama signed the Patient Protection and Affordable Care Act (PPACA). The PPACA is a federal state that focused on the reformation of the private health insurance

Cases of Federalism McCulloch VS Maryland (1819) In 1816, the state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. James W. McCulloch, a cashier for the Baltimore, Maryland Bank, was sued for not complying with the Maryland state tax. McCulloch was sued for violating this Act. McCulloch admitted he was not complying with the Maryland law. McCulloch lost in the Baltimore County Court and that court’s decision was affirmed by the Maryland Court

the identification of Latino Americans in the United States. In the modern day, most people wouldn’t know about the struggle that Latino’s had to endure before being recognized by their diverse nature. However, the Chicano movement, just like the Civil Rights Movement, was a significant part of equality within the United States over the course of the past half a century. The Chicano movement had its roots dating all the way back to when the United States were attempting their Manifest Destiny from

The main focus for more many school districts is increasing academic achievement while decreasing student suspension and expulsion. So many students are not able to gain the proper education needed because they are constantly in and out of school due several infractions that are against school policies. Many schools have adopted a “zero-tolerance” policy with the hopes that this policy will ban or stop those behaviors and actions that are unprincipled. While some infractions require after-school