Explore BrainMass

Wickard v. Filburn, U.S. v. Lopez

Read the two following case decisions of the U.S. Supreme Court as the decisions deal with the Commerce Clause of the United States Constitution (Article I, Section 8, clause 3), understand the reasoning of the Court, and analyze the relationship of the two cases. This is the most important goal of this assignment.

The secondary goal of this assignment is to expose the student, on an in-depth basis, to our federal system of government, the federal judicial system, the terms used to describe the parties, how a case gets heard by an appellate court, and the nature of some of the limitations of the law and the legal system.

The assignment is: to read the decisions in Wickard v. Filburn and U.S. v. Lopez and understand the cases well enough to compare their similarities and differences. The student is expected to restrict him- or herself to two paragraphs (approximately 150 - 300 words) if possible, and to discuss the similarities in the first paragraph and the differences in the second paragraph. Legal analysis is logical analysis and is not affected (or should not be) by emotion; it is therefore not relevant to the student's analysis to discuss how the student feels about the decisions, since feelings are not relevant to logical analysis.
Wickard v. Filburn, U.S. v. Lopez, jurisdiction, interstate commerce,


Solution Preview

1. The similarities between the two cases are that in both the cases, the jurisdiction of the federal government is challenged and examined. In both the cases, the jurisdiction of federal government involved relates to the right of the federal government to regulate interstate commerce. Both the cases are in appeal and in both cases the claim of the government is that it has the right to regulate the interstate commerce, a right that has been bestowed upon it by the constitution and the court cannot take that right ...

Solution Summary

Wickard v. Filburn, U.S. v. Lopez is discussed in great detail in this solution.