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 […]
