What Power Does Congress Have to Regulate Commerce? [No. 86]
What did the Founders have in mind when they gave Congress the power to “regulate commerce”? Professor Randy Barnett outlines the three types of commerce that Congress is authorized to supervise. Professor Barnett explains that once Congress moves beyond regulating commerce itself to also regulating any interstate activity that involves commerce, the powers of the […]
Due Process of Law [No. 86]
Where did the phrase “due process” come from and what does it mean? Professor Randy Barnett discusses the definition of due process and the history of how the concept protected English citizens under the Magna Carta. Professor Barnett explains where and why the term was included in the Constitution, and how due process protects the […]
Enumerated Powers, the Necessary and Proper Clause, and Prigg v. Pennsylvania [No. 86]
What is the relationship between the Constitutional enumerated powers of Congress and the Necessary and Proper Clause? Professor Randy Barnett discusses one of the most notorious Supreme Court cases – Prigg v. Pennsylvania. At issue in the case was whether Congress had the power to enact the Fugitive Slave Act, pursuant to the Fugitive Slave […]
Marbury v. Madison: Judicial Review and Judicial Supremacy [No. 86]
Did the idea of “judicial review” originate with Marbury v. Madison? Does Marbury justify judicial supremacy? Professor Randy Barnett posits that the idea of judicial review existed before Marbury although the term itself was coined much later in the 20th century. Professor Barnett explains that it has always been the job of the Supreme Court […]
Slavery, States Rights, and the Constitution [No. 86]
How did the Founders think about slavery? How did it affect the construction of the Constitutional system? Professor Randy Barnett notes that many of the Founders were opposed to slavery but they believed that the states ought to be allowed to govern themselves on this and other issues. Professor Barnett explains that the Constitution barely […]
History of the Bill of Rights [No. 86]
Who proposed the Bill of Rights? Was it always known by this nomenclature? Professor Randy Barnett explains that James Madison wrote a “bill of rights” similar to the “Declaration of Rights” in the Virginia state constitution. Madison’s bill of rights was added as a list of amendments to the US Constitution and thus was simply […]
What Role Does the Bill of Rights Play? [No. 86]
Why does the Constitution have a Bill of Rights? What purpose do they serve? Professor Randy Barnett discusses how the Anti-federalists insisted on a Bill of Rights, which the Federalists agreed to in return for ratification of the Constitution. The Bill of Rights are a protection for the citizens if the structure of the Constitution […]
Wickard v. Filburn: The Aggregation Principle & Congressional Power [No. 86]
Where does Congress get the power to regulate activities like a farmer’s wheat yield? While the United States Constitution delegates to Congress the power to regulate interstate commerce, the application of the Commerce Clause has become increasingly broad. Professor Randy Barnett of Georgetown Law explains the Supreme Court’s reasoning in Wickard v. Filburn, which established […]
