IN: Randy Evan Barnett (born February 5, 1952, in Chicago) is an American lawyer, law professor at Georgetown University Law Center, where he teaches constitutional law and contracts, and legal theorist. He writes about the libertarian theory of law and contract theory, constitutional law, and jurisprudence. After attending Northwestern University in Evanston, Illinois, and Harvard Law School in Cambridge, Massachusetts, Barnett worked as a prosecutor in Chicago, Illinois. Barnett's first academic position was at the Chicago-Kent College of Law of the Illinois Institute of Technology.

The power of Congress to make all laws which are necessary and proper to regulate commerce among the several states, or with foreign nations, shall not be construed to include the power to regulate or prohibit any activity that is confined within a single state regardless of its effects outside the state, whether it employs instrumentalities therefrom, or whether its regulation or prohibition is part of a comprehensive regulatory scheme; but Congress shall have power to regulate harmful emissions between one state and another, and to define and provide for punishment of offenses constituting acts of war or violent insurrection against the United States.  The Constitution grants Congress the power to "regulate commerce with foreign nations, and among the several states, and with the Indian tribes." That is amplified by the additional power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers...." The amendment would overrule the current interpretation of the commerce clause by removing three applications of the interstate commerce clause: the regulation of an activity having effects outside of a state, the regulation of instrumentalities of interstate commerce, and regulation as part of a broader regulatory scheme.  In Wickard v. Filburn, the Supreme Court ruled that Congress could regulate the production of wheat by a farmer named Roscoe Filburn despite the fact that Filburn did not intend to sell any of the wheat across state lines. The court ruled that since in the aggregate, unregulated wheat could have an effect on interstate commerce, it was covered by the commerce clause.  The Court has held, "Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities." In one instance, the Court upheld federal safety regulations of vehicles used in intrastate commerce, on the grounds that they run on highways of interstate commerce.  In Gonzales v. Raich, the court ruled that the commerce clause extended to noneconomic regulatory schemes of congress.

What is Amendment II?

OUT: The power of Congress to make all laws which are necessary and proper to regulate commerce among the several states, or with foreign nations,


IN: Vaslav Nijinsky (also Vatslav; Russian: Vatslav Fomich Nizhinskii; Russian: ['vatsl@f f@'mjitc njI'zinskjIj]; Polish: Waclaw Nizynski; 12 March 1889/1890 - 8 April 1950) was a ballet dancer and choreographer cited as the greatest male dancer of the early 20th century.

Nijinsky spent his summer after graduation rehearsing and then performing at Krasnoe Selo in a makeshift theatre with an audience mainly of army officers. These performances frequently included members of the Imperial family and other nobility, whose support and interest were essential to a career. Each dancer who performed before the Tsar received a gold watch inscribed with the Imperial Eagle. Buoyed by Nijinsky's salary, his new earnings from giving dance classes, and his sister Bronia's employment with the ballet company, the family moved to a larger flat on Torgovaya Ulitsa. The new season at the Mariinsky theatre began in September 1907, with Nijinsky employed as coryphee on a salary of 780 roubles per year.  He appeared with Sedova, Lydia Kyasht and Karsavina. Kchessinska partnered him in La Fille Mal Gardee, where he succeeded in an atypical role for him involving humour and flirtation. Designer Alexandre Benois proposed a ballet based upon Le Pavillon d'Armide, choreographed by Fokine to music by Nikolai Tcherepnin. Nijinsky had a minor role, but it allowed him to show off his technical abilities with leaps and pirouettes. The partnership of Fokine, Benois and Nijinsky was repeated throughout his career. Shortly after, he upstaged his own performance, appearing in the Bluebird pas de deux from the Sleeping Beauty, partnering Lydia Kyasht. The Mariinsky audience was deeply familiar with the piece, but exploded with enthusiasm for his performance and his appearing to fly, an effect he continued to have on audiences with the piece during his career.  In subsequent years, Nijinsky was given several soloist roles. In 1910, Mathilde Kschessinska selected Nijinsky to dance in a revival of Petipa's Le Talisman. Nijinsky created a sensation in the role of the Wind God Vayou.

What was his most successful performance?

OUT: Each dancer who performed before the Tsar received a gold watch inscribed with the Imperial Eagle.


IN: Horace Mann (May 4, 1796 - August 2, 1859) was an American educational reformer and Whig politician dedicated to promoting public education. A central theme of his life was that "it is the law of our nature to desire happiness. This law is not local, but universal; not temporary, but eternal. It is not a law to be proved by exceptions, for it knows no exception."

In September 1852, he was nominated for governor of Massachusetts by the Free Soil Party, and the same day was chosen president of the newly established Antioch College at Yellow Springs, Ohio. Failing in the election for governor, he accepted the presidency of the college, in which he continued until his death. There he taught economics, philosophy, and theology; he was popular with students and with lay audiences across the Midwest who attended his lectures promoting public schools. Mann also employed the first woman faculty member to be paid on an equal basis with her male colleagues, Rebecca Pennell, his niece. His commencement message to the class of 1859 was to "be ashamed to die until you have won some victory for humanity".  Antioch College was founded by the Christian Connexion which later withdrew its financial support causing the college to struggle for many years with meager financial resources due to sectarian infighting. Mann himself was charged with nonadherence to sectarianism because, previously a Congregationalist by upbringing, he joined the Unitarian Church.  He collapsed shortly after the 1859 commencement and died that summer. Antioch historian Robert Straker wrote that Mann had been "crucified by crusading sectarians." Ralph Waldo Emerson lamented "what seems the fatal waste of labor and life at Antioch." Mann's wife, who wrote in anguish that "the blood of martyrdom waters the spot," later disinterred his body from Yellow Springs. He is buried in the North Burial Ground in Providence, Rhode Island, next to his first wife, Charlotte Messer Mann. (Charlotte Messer Mann was the daughter of Asa Messer, an early president of Brown University.)

What did he do in the Unitarian church ?

OUT: