Home » Core Humanities

Core Humanities

Perhaps no case in the history of the United States Supreme Court has so dramatically expanded the scope and power of the Federal Government as Wickard v. Filburn, 317 U.S. 111 (1942). In this historic decision the Court adopted an expansive view of the Commerce Clause, allowing federal regulation of almost all consumer goods. The 8-0 decision by the Court should be examined in the context of the times. In 1942 the United States was at war, and the federal government was beginning to ramp up control of all industrial, agricultural and commercial concerns related to supporting the war effort. Additionally, of the nine justices on the Supreme Court at the time, seven of them had been appointed by President Roosevelt and presumably shared his views of increased Federal control over the economy.

One of the guiding legal principles of American jurisprudence is that of stare decisis, or settled law. Due largely to the Supreme Court’s decision in Wickard v. Filburn the courts have been relatively loath to check federal expansion into almost all economic activities. However this situation is changing of late. Currently several states are challenging the Court’s interpretation of the Commerce Clause by invoking the Tenth Amendment and granting commercial exceptions from federal regulation on firearms and ammunition manufactured, sold and maintained within a single state.

Review the case brief and then begin your research. I suggest you familiarize yourselves with the Tenth Amendment and specifically the arguments posed by the Founding Fathers about the nature of powers reserved to the States. For additional reading I suggest you review the Federalist Papers and the Anti-Federalist Papers. There are several e-versions of The Federalist Papers available online. I have included a link to one of them. I point you to Federalist #17 by Alexander Hamilton concerning state powers, Federalist #35 also by Hamilton concerning interests of the House of Representatives, Federalist #45 by James Madison about concerns of Federal encroachments upon the states. If you have it, The Words We Live By, Your Annotated Guide to the Constitution by Linda Monk is an excellent resource. Lastly I have included a link to the Anti-Federalist Papers online. I direct your attention to concerns of the Founding Fathers about granting all powers of commerce to the national government. See Anti-Federalist #11 and Anti-Federalist #45 detailing concerns of many Founding Fathers about the potential growth of the Federal government.

supreme.justia.com/us/317/111/case.html

thomas.loc.gov/home/histdox/fedpapers.html

www.wepin.com/articles/afp/index.htm

Once you believe you have a reasonable understanding of the issues, put together a minimum 1500 word, (about 5-7 page paper). In that paper I want you to discuss the following: Did the Supreme Court’s decision in Wickard follow in the spirit of federalism envisioned by the Founders or did their interpretation of the Commerce Clause overstep the limits on the federal government envisioned by the Founding Fathers. Can the Tenth Amendment serve as a means to stem Federal expansion of powers? Did the Founding Fathers intend that it should? Do you believe it should?

Please remember to cite your sources. MLA or Turabian are acceptable for endnotes or footnotes. The paper should be grammatically correct and scholarly. There is no excuse for misspellings. Please be sure to proof-read your paper. Shorter sentences are usually better.

Place your order
(550 words)

Approximate price: $22

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
$26
The price is based on these factors:
Academic level
Number of pages
Urgency
Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Read more

Zero-plagiarism guarantee

Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

Read more

Free-revision policy

Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

Read more

Privacy policy

Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

Read more

Fair-cooperation guarantee

By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.

Read more