Articles by Eleanor Stratton

The debate surrounding the Secretary of Education's authority to cancel student debt involves complex statutory interpretations. The Higher Education Act states that the Secretary may "compromise, waive, or release any" federal student loan "claim." Supporters infer from this clause that the...

The Citizenship Clause of the Fourteenth Amendment is pivotal in American constitutional discourse, particularly around birthright citizenship. Drafted in reaction to the oppressive Black Codes and the Dred Scott decision, its purpose was to ensure that anyone born on U.S. soil, regardless of race,...

The Seventh Amendment, which preserves the right to a jury trial in civil cases within federal courts, has deep roots in English legal customs. This connection is critical to understanding the Amendment's inception and its lasting value in the American jurisprudence system. The origins trace back...

The Sixth Amendment draws significantly from English common law, particularly the Magna Carta of 1215, which established that free men could not be punished except through the law of the land. The Habeas Corpus Act of 1679 further crystallized the right to a court hearing. As tensions grew between...

Following the chaotic 1932 election during the depths of the Great Depression, the prolonged lag between Election Day in November and Inauguration Day in March only intensified the nation's staggering financial uncertainties. With a banking crisis deepening and unemployment at an all-time high, an...

In 1800, a significant flaw in the electoral system became evident during the contentious presidential battle between Thomas Jefferson and Aaron Burr. The election ultimately highlighted the necessity for substantial modifications leading to the 12th Amendment. The problem lay in the Electoral...

The Supreme Court's case, Citizens United v. Federal Election Commission , became a pivotal event in political history, markedly altering the landscape of American electoral finance. Originating from a conflict over a politically-charged film critical of Hillary Clinton during her presidential...

The Eleventh Amendment was a response to the Supreme Court's decision in Chisholm v. Georgia in 1793. The Court ruled that states were not protected by sovereign immunity in lawsuits brought by citizens of other states. This decision was based on the Court's interpretation of Article III of the...

The Eighth Amendment, which prohibits "cruel and unusual punishments," originated from the English Bill of Rights of 1689. It reflects the American colonists' distrust of unchecked governmental power and their fear of potential abuses, as exemplified by Patrick Henry's rhetoric about the misuse of...

Article I, Section 7 of the U.S. Constitution outlines the process by which proposed bills become law and details the president's power to veto legislation. It grants the president a choice upon receiving legislation passed by both houses of Congress: approve the bill by signing it or veto it by...

The push for the 16th Amendment originated in an era where differing economic conditions strained various sectors of American society. In the latter half of the 19th century, the burgeoning industrial and financial sectors in the Eastern United States flourished. Conversely, agricultural producers...

The former government system under the Articles of Confederation left much to be desired in terms of centralized power, an issue that the framers of the Constitution aimed to address. Individual states had too much autonomy, leading to contradictory laws and regulations that hindered the young...

The Ninth Amendment of the United States Constitution, ratified as part of the Bill of Rights in 1791, states, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This amendment was a result of the debates during the...

Article II, Section 4 of the U.S. Constitution states that "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." This section lays the groundwork for...

In the 18th and 19th centuries, many treaties were made between the U.S. government and Native American tribes. These treaties often allowed for peace and the transfer or protection of tribal lands. However, the realities of power imbalances and settlers' desire for land often contradicted the...

The Seneca Falls Convention of 1848, led by Elizabeth Cady Stanton and Lucretia Mott, was a pivotal event in the history of women's rights in America. It marked the initial organized push for women's suffrage and challenged existing notions about the social and legal barriers placed on women. The...

The Fourth Amendment to the U.S. Constitution was penned in response to severe grievances under British rule regarding privacy violations and unreasonable searches and seizures. This was a period where British authorities utilized "writs of assistance," which effectively served as general search...

The ratification of the 13th Amendment in 1865 marked a pivotal moment in the United States, emerging directly from the tumultuous years of the Civil War, where the divides over slavery threatened to irreparably fracture the nation. Designed to formally abolish slavery, this amendment was born in a...

During the times leading up to the American Revolutionary War, the British Parliament enacted the Quartering Acts, which required American colonists to provide housing and necessities for British soldiers stationed in America. This imposition was viewed as a violation of personal property and...

The Articles of Confederation, while providing a semblance of national unity, had significant limitations in the post-Revolutionary War era. Under the Articles, each state acted almost as an independent entity, leading to inefficient governance at the national level. This weak federal setup made it...