POL 1 Lecture 4: Lecture 4
Premium

3 Pages
28 Views

Department
Political Science
Course Code
POL 1
Professor
Robert Huckfeldt

This preview shows page 1. Sign up to view the full 3 pages of the document.
Description
Lecture 4 • Significant events in the evolution of federalism o The federalist papers and the debate over ratification o John Marshall’s court: McCulloch v Maryland (1819): interpretation of the necessary and proper clause o The Dred Scott decision (1857) o Civil war amthdments: ▪ 13 : makes slavery unconstitutional ▪ 14 : all people born or naturalized in US are citizens of US and cannot be deprived of life, liberty or pursuit of happiness w/o due process of law th ▪ 15 : right to vote can’t be denied by race, color, or previous condition of servitude. Congress can enforce by appropriate legislation o Plessy v Ferguson: separate but equal (1896) o Hammer v Dagenhart (1918): Congress commerce interstate clause cannot be used for child labor cases o US v Darby Lumber (1941): overturned Hammer regarding ICC in case regarding the Fair Labor Standards act o Brown v Board of Education (1954): overturned Plessy o US v Lopez (1995): overturned Gun Free Zones Act of 1990, ruling it pushed the ICC clause too far in favor of maintaining a distinction between what is truly national and what is truly local o US v Morrison: 2000: overturned parts of the violence against women act (1994) based on congressional overreach based on the 14 amendment (equal treatment only applies to states) and the previous argument in the Lopez case regarding interstate commerce limitations o National federation of independent business v Sibelius (2012) upheld the Affordable Care Act, not based on the ICC but rather on the power of the national government to tax. Chief Justice Roberts opinion rejected the logic that the ICC would allow the government, in his interpretation, to establish a new market rather than regulate existing ones • Through this evolution, we have seen an effort toward the contraction of the ICC as a source of power for the national government to control activity in the states • The Dred Scott Case o He was property of John Emerson, a surgeon with the US army. Scot moved with Emerson to army base in Wisconsin where slavery was banned by the Missouri compromise. While there, Scott hired himself out when Emerson was away on duty. o In 1840, Scott with wife and children moved with Emerson to Louisiana and St. Louis. After Emerson’s death, Scotts were left in the hands of the wife, Eliza Sanford. Scotts tried to buy their freedom from her but she refused. Dred Scott then sued in state court: arguing that he was legally free because he and his family had lived in a terri
More Less
Unlock Document

Only page 1 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit