Biggest Constitutional Violations Since WWII?
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  Biggest Constitutional Violations Since WWII?
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Author Topic: Biggest Constitutional Violations Since WWII?  (Read 1600 times)
michiganxcrunner
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« on: March 27, 2012, 06:00:16 PM »

This quarter I'll be writing a research paper for my U.S. history class about the unconstitutional policies of post-WWII America. In your opinion, what have been the most significant breaches on our constitution since 1945 and why/how so? Rather than focus on whichever of these I think is most important, I will likely discuss a number of them to show how a tradition of ever-increasing executive power has been the result of heightened international influence (or a similar thesis). So please list as many as you can think of. Thus far, the research has proven more difficult than I expected, and the only topics I am certain I will cover are the Patriot Act and the National Defense Authorization Act. Aside from that, I would really appreciate hearing what you think would be some other good examples for my paper.

Thanks
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: March 27, 2012, 07:49:20 PM »

Unless you have an openly political history teacher/professor and you'll be appealing to eir biases, I strongly suggest that if you wish to write such a paper that you limit yourself to items that the Supreme Court has overturned on constitutional grounds since World War II instead of making an independent judgment as to what is unconstitutional.

For instance, those who are opposed to the expansive interpretation of the Commerce Clause ever since 1937 might cite Titles II and VII of the Civil Rights Act of 1964 as one of the most intrusive pieces of unconstitutional legislation passed since World War II because of its interference with the Ninth Amendment rights of private individuals to make their own decisions on such matters.

A tamer subject than the constitutionality of either the acts you mentioned or the Civil Rights Act of 1964 would be the Oregon v. Mitchell case which held (among other things) that Congress had unconstitutionally required the States to lower the voting ages in State elections to 18.  That ruling led to the proposal and swift passage of the 26th Amendment making it one of only four amendments passed to overturn a Supreme Court ruling.  (The other three are the 11th, section 1 of the 14th, and the 16th, plus the proposed but unadopted Child Labor Amendment also sought to overrule the Supreme Court.)
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dead0man
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« Reply #2 on: March 28, 2012, 04:56:43 AM »

The Firearms Control Regulations Act of 1975 was a pretty big one in my opinion, but certainly doesn't fit the theme you're going for.
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Bacon King
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« Reply #3 on: March 28, 2012, 11:43:10 AM »

Jim Crow laws in the South that kept blacks from exercizing their 15th amendment rights are an obvious example, but doesn't really go with your thesis. Perhaps take a look at some of Nixon's shenanigans, and his arguments about executive privelege. Or how Reagan's administration circumvented congressional authority during the Iran-Contra affair, and didn't consult Congress prior to the invasion of Grenada. Also, Bush's suspension of habeus corpus in relation to Boumedine v Bush.
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michiganxcrunner
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« Reply #4 on: March 28, 2012, 07:56:00 PM »

@BaconKing Not a bad idea, pandering to my liberal teacher would probably be a great strategy. If I can scapegoat the Republican party enough I'm sure he'd be real happy with it. Just need to attack each Republican pres. over the last fifty years for something or another....
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FEMA Camp Administrator
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« Reply #5 on: March 29, 2012, 07:42:50 PM »

@BaconKing Not a bad idea, pandering to my liberal teacher would probably be a great strategy. If I can scapegoat the Republican party enough I'm sure he'd be real happy with it. Just need to attack each Republican pres. over the last fifty years for something or another....

You & your devious ideas...
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