Constantly Evolving Principles

1904 Words4 Pages

The Constitution was written to overcome injustices in Commerce. However, the Commerce powers were used opportunistically in correlation to the political ideologies of the period. The creation of the Tenth Amendment, in 1791, was indicative of the changing nature of the United States economy. The Constitution replaced the Articles of Confederation and established a central federalist government, subrogating states’ rights to a lesser role. This role was transformed as the economy developed. The idea of a big government stealing money and power away from the states did not sit well. This relationship was exacerbated by the institution of slavery along with a flourishing trade system. The expanding economy created a glaring need to regulate what would become the laisez-faire market. Court Justice John Marshall was the first judge to really push back in America’s highest authority. The passage of the Eleventh Amendment further substantiated the Court’s evolving interpretation of the Commerce Clause. As I will show, this interpretation was in direct relation to the ideological shift from the development of right wing social Darwinism, to a left-wing administrative state, and then eventually back to the neo-social Darwinism in the Court today. In order to show this transition, one must go back to the beginning of the nation building period between the mid Eighteenth to Nineteenth Century. The First and Second Industrial Revolutions manifested into an economic boom in America. As a result, business dealings grew lucrative and civil litigation skyrocketed. The passage of the Tenth Eleventh Amendments showed the Congressional need for maintaining this economy. The inherent nature of the free market brought many states’ every day dealing... ... middle of paper ... ...Darwin era endured the half century before, the newly packed Court was now upholding legislation by interpreting the Commerce powers in a way that was conducive to FDR’s New Deal. Commerce was not merely just a direct/indirect relationship but something tangible and real to the economies’ well being. The end to the liberalization of the Commerce powers was cemented in the case Wickard v. Filburn (1942). The Court ruled that Filburn could be subject to tax by the State since his agrarian output affected the interstate commerce of the nation. This is substantiated by the desperation to keep the U.S. economy afloat during the Great Depression. Congress enjoyed a period during the middle of the Twentieth Century where no act of Congress was struck down. By the late 1970s, however, the Court shifted back to neo- social Darwinist principles enjoyed a century before.

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