Sometimes when the Court creates new constitutional doctrine in one area, it causes unintended consequences in another area.
For example, when the court expands Congressional power to regulate local economic activity as interstate commerce (local equals interstate, non-commerce equals commerce--see Wickard), it brings state and local government employment within the scope of the new & improved Commerce Clause. Thus, when Congress seeks to impose federal wage and hour laws on state government as an employer, a clash between sovereigns that could not have occurred under the original Commerce Clause becomes a serious problem under the new & improved Commerce Clause.
Does Congress' power to regulate interstate commerce apply when Congress enacts laws regulating the activities of state government? Who should decide the terms and conditions of employment between state government and state employees performing the functions of state government? Congress? Or state law?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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