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Chapter 4 Federal Power Federal power to regulate interstate commerce through the early twentieth century was interpreted narrowly. As the nation plunged into a national economic crisis in the form of the Great Depression, however, case law became highly deferential toward federal power to regulate any activity that might affect . . . Read more
Chapter 9 Gender As originally framed and ratified, the Constitution reflected the input and interests of white males. The Reconstruction Amendments factored racial reality into the constitutional framework. Gender remained beyond the pale of constitutional concern, however, until the twentieth century. Until then, constitutional challenges to laws restricting freedom of . . . Read more
Chapter 10 Fundamental Rights The primary concern of the Equal Protection Clause over the course of its history has been with racial classifications. Grounds for an equal protection claim expanded during the final decades of the twentieth century, as the Supreme Court recognized gender, alienage, and illegitimacy as classifications that . . . Read more
Chapter 6 Federal Preemption of State Power Wariness of a strong central government was a central theme of the federal Constitution’s framing and ratification. Although the national government was conceived as a government of limited power, the Constitution’s supremacy clause provides that laws enacted “under the Authority of the United . . . Read more
Chapter 7 Privileges and Immunities The privileges and immunities clause of Article IV, Section 2, has a common history with the commerce clause. Both of these provisions reflect the framers’ concern with state protectionism that undermines the viability of a national economic union. Cases under the privileges and immunities clause . . . Read more
Chapter 5 State Power Although the commerce clause vests the federal government with exclusive authority over the national economy, the states retain an interest in regulating matters of health, safety, and public welfare. A state law that prohibits smoking in restaurants, for instance, accounts for public health but also affects . . . Read more
