2 Semester Constitutional History Notes:
Wickard v. Filburn (1942)
• Small garden violated the act and exemplified the extent (high water mark) of the use of
the commerce power by the Federal Government.
West Virginia V. Barnette (1943)
• Context: Justice Stone Caroline footnote number 4: that the court would get out of
business of regulating economy and into the business of protecting civil rights.
• About religion and rights of Jehovah Witnesses in a time of increasing nationalism.
• WWII and Nazism are becoming prominent in the world and they would kill the
Witnesses who refuse to obey Nazi laws.
• Ohio man named Bailey created it: fundamental principle: it is right and all other
religions are wrong. Other religions were enemies.Also believed that the created state,
big business, and government are Satan and evil
• From 1938 to 1944 45 Jehovah’s Witnesses were in front of supreme court, won 38 times:
• Predecessor: Minersville Board of Education v. Gobitis (1940): Joseph Rutherford: radio
broadcast that praised a refusal to salute the flag. The Board of Education decided to
Expelled the Gobitis children until they agreed to salute the flag but was mandated by the
state to be in school. Justice Frankfurter: disciple of Holmes: embraced the notion of judicial restraint: let them do what they want, it