Month: April 2020

*Correction*
13:00 I mixed up details about Wickard v. Filburn. Claude R. Wickard was the plaintiff. He sued on behalf of Department of Agriculture et al. & Roscoe Filburn was the farmer charged with violating the Agricultural Adjustment Act of 1938

In this episode of Categorical Imperatives we take a look at a case from this day in 1995 that was the first time in over 60 years the court struck down a law under the commerce and necessary and proper clauses It was a big win for Federalism and limited government It’s one of my all time favorite rulings, I am sure it will be one of your favorites as well

100 Supreme Court Cases: By Josh Blackman and Randy Barnett: https://conlaw.us/

With California’s bill regulating the gig economy out of existence and interfering with the Constitutional protected freedom of contract hurting the very people it was designed to help, and this same regulation being considered by several other states as well as on the national level it’s fitting to discuss a case that was argued on this date before the Supreme Court in 1905 “Lochner v New York”.
While this case has become so maligned as to be seen as anti-canonical, many Constitutional scholars are beginning to reexamine this case and even rehabilitate it.
What does this case have to tell us about the scope of government regulation of the gig economy and the freedom of contract? Thats exactly what we will be discussing today here on Categorical Imperatives.

On the anniversary of this seminal free speech case in which the 14th amendment was used to incorporate first amendment protections of speech on a state level we discuss the history of the case, the court’s ruling and the significance of this case.
Current events, law, politics & culture through a lens of legal and moral philosophy