BUS 410 Lecture Notes - Lecture 4: Willis Van Devanter, Lochner Era, Equal Protection Clause
17 Feb 2016
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Document Summary
Original federalism federal government was weaker than the states, so federalism meant giving the federal government greater power over the states. Dual sovereignty lower federal power, higher state power. Brown v. board of education: 14th amendment equal protection clause is used to strike down segregation by the. Supreme court: seen by modern day federalists as an intrusion into the state sphere since it"s a moral issue (education and segregation) Obergefell v. hodges: legalized gay marriage under the equal protection clause, seen by modern day federalists as an intrusion into state power/moral issue. Modern day federalists don"t like the expansion of civil rights by the federal government. Moral issues are traditionally seen as state issues under modern day federalism states rights : modern day federalism is the cornerstone of the current republican party. 4 areas of modern day federalism (1) us vs. printz (2) preemption (3) interstate commerce clause (icc) (4) 14th amendment and sovereign immunity.
