Impactof the 14th amendment
The14th amendment came into being in 1968 as an extension of theReconstruction Amendments, stipulating that all people, either bornor living in American land, are citizens. Additionally, it grantedall American citizens rights to be treated equally. This Amendmentchanged the way Americans perceived the equality for all and itsimpact is still felt in the modern American society. Besidesproviding equality for all people regardless of skin color, theAmendment prohibited States from denying peoples’ rights ofreceiving fair opportunity concerning property, life and due processno matter how they looked (Barber & James 7)
Additionally,the 14th Amendment was established to grant anyone under the lawjurisdiction the right to fair treatment. This particular section wasregarded as the Equal Protection Clause. Therefore, the main aim ofthe 14th Amendment was to uphold the Civil Rights Acts that was codedin 1866. Following the 14th Amendment adoption, Supreme Courtdecisions were based on the Equal Protection Clause. Consequently,the 14th Amendment provided the liberated slaves with freedom andequality hence changing the course of American history forever(Barber & James 7).
Inour modern times, the 14th Amendment remains one of the greatesthistorically significant building materials to the current Americandemocracy. Thus, democracy calls for the rights of all people.Integrating with other amendments in the Reconstruction period, itprogresses to uphold the promise of the American government that allpeople have equal rights under the jurisdiction of the law regardlessof gender, race, orientation or nationality. The importance of the14th amendment as provided by the constitution of the United Stateskeeps on influencing the history and development of the greatAmerican nation (Barber & James 8).
Thecommercial clause in Article I of the United States Constitutionconfers powers on Congress to control commerce with other countries.Additionally, the constitution gives certain powers to the federalgovernment, but for the powers, which are not itemized in theconstitution, are preserved for the States. However, Congress hasbeen using the commercial clause to defend their execution of thelegislative power over that of states, leading to the prevailingcontroversy regarding the balance of power between the states andfederal government (Blake 87).
Furthermore,the commercial clause has previously been deemed not only as anallowance of congressional authority, but also as a limitation of thepowers of the states to regulate. Therefore, the states have beenprohibited from passing of legislation that affects interstatecommerce. The source of controversy can be attributed to the intendedmeaning of the contentious word ‘commerce” as used in thecommerce clause since the United States constitution does notunequivocally define the word. Some people argue that the wordbasically means to exchange or trade while others says that itdescribes more widely on commercial intercourse between members ofvarious states. Therefore, the explanation of “commerce” is asource of conflict between states and federal power (Blake 88).
Thecase was decided on 1942 by the Supreme Court of the United States,capping alongside numerous cases that helped in creation of theunfettered Congress power. The Wickardv. Filburnis regarded as one of most significant cases of Supreme Court thatimplemented a theatrical transformation of the United StatesConstitution. However, the Supreme Court was coerced suddenly toreverse the interpretation of the constitution and commenced to rulein a series of cases that the commercial clause had empoweredCongress to control commerce (Blake 90).
Barber,Sotirios A, and James E. Fleming. ConstitutionalInterpretation: The Basic Questions.New York: Oxford University Press, 2007. Internet resource.
BlakeHudson.Constitutions and the Commons: The Impact of Federal Governance onLocal, National, and Global Resource Management.Routledge, 26 July, 2014.