Wickard v. Filburn
A. Legal scholars commonly distinguish between primary rules and secondary rules. Define and
distinguish the two terms. How do the two work together to create and justify law?
C. In The Winning of the West, Theodore Roosevelt provides a teleological justification for American
expansion. Briefly summarize his justification. What conclusions does his justification lead him to
make about war and broken treaties? In answering, be sure to distinguish between teleology and
Wickard v. Filburn
D. John Adams makes a philosophically conservative argument or the American Revolution. Briefly
summarize his argument, highlighting the way(s) in which it embodies the philosophical core of
conservatism. How does this argument relate to the etymological (or original) meaning of
E. Since the founding, Federal power over the states has expanded enormously. Explain this expansionwith respect to the commerce and general welfare clauses of the Constitution, incorporating into your
answer brief analyses of the Federal Government’s Constitutional justification for The Civil Rights
Act of 1964 and the Supreme Court’s decision in Helvering v. Davis (1937).
B. What is the difference between usufruct and ownership conceptions of property? Explain each
conception, and contrast the two with reference to Native American and British/colonial
understandings of land. How did the conflicting conceptions play out in initial interactions between
Natives and settlers?
F. Briefly explain the Supreme Court’s decision in Wickard v. Filburn (1942). How did the court later
apply the precedent set in Wickard to marijuana regulation in Gonzales v. Raich (2005)?
G. The 2001 Authorization for Use of Military Force Against Terrorists (2001 AUMF) has been used by
the Executive branch to justify much of the United States’ foreign military engagement in the last two
decades. Explain (1) the Constitutional and legal reasons why an authorization is necessary for the Executive to have the authority to use military force in the first place, and (2) how the 2001 AUMF’s
definition of the enemy has led to what some take to be an increase in Executive power