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by: Angie Gulgowski


Angie Gulgowski
GPA 3.94


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This 20 page Class Notes was uploaded by Angie Gulgowski on Tuesday October 13, 2015. The Class Notes belongs to POLI 4020 at Louisiana State University taught by Staff in Fall. Since its upload, it has received 7 views. For similar materials see /class/222772/poli-4020-louisiana-state-university in Political Science at Louisiana State University.

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Date Created: 10/13/15
lecture outline 1 1202015 55000 AM 1 Legal Foundations A Origins 1 Roots in the English legal tradition a Magna Carta the idea that there is a law over anyone in chargeking Signed June 15 1215 due process rights taxation rights originate here Great CHARTER grant of power by the king the kings power came from god lead to abuse of power king used the taxing power to fund his life style 1 the king was going to tax the people the parliament has to agree gave power to parliament that has a say things 2 the idea that there is a law above the king there has to be someone bigger than the kingDUE PROCESS a law we go through b Common law system of courts judges to interpret the law need a system of judges Idea judges interpret the laws and make decisions based on previous decisions Everything is written out Etc in civil law Common law more exible builds off of judges interpretation Stare decis let the prior decision stand 2 Articles of Confederation ben frank 1776 independence 1777 draft submitted to the states by second continental congress 1781 ratified by the states this is the gov that existed needed unanimous decision to ratify change the articles a Characteristics there is one branch of gov Unicameral congress Made up by ppl from the states still only have one vote in the house per state no matter how many ppl One vote cast by STATE all the states had equal votes same say there was extensive of taxing laws article 2122 in anti fed papers b Successes 1forgein policy successful in the revolution created alliances 2 western lands policies ex pen state the congress will decide how to bring states in 1 how states will be added to the union Solely dealt with by the NATION govt not state to avoid fighting amongst the states c Failures problems in practice the central gov was so weak that there was no control over the states 1 no enforcement mechanism to force the states do anything they didn t want to do art 1 s8 3 US Constitution 1787 submitted to the states after Philadelphia convention lasted 4 months a Framers all had experience in govt average age 42 Thomas Jefferson and john Adams was not there James Madison father on constitution he had a plan like ben frank a plan for a system of govt Preservation of the union why the windows were shut foreign policy concerns public opinion might been influenced debates we don t know everything behind the framers intent why we look at the fed antifed papers problems addressed REPRESENTATION problems with big states and small states have the same voice not based on population size Part ofthe debate was balancing this Slavery why Southern states would have developed own nation but wanted them counted them for representation n s debate Executive branch divided about the nature of the branch and how long would this executive serve how should he be elected too much power to masses how we edn up with the electoral college 2 plans 1 VA plan start from scratch favors a strong cent govt lSt to advocate for 3 branches of govt bicameral congress both would be proportional representation catered to larger states 2 NJ plan proposed on June 15th amend the articles not new const most power in state govt not fed bi cameral 3 branches wanted equal representation b Compromises The CT comp the great compromise dealing with representation 2 chambers 1 Equal l Proportional fed issues less about the people and more about the state 3 5ths compromise north and fed states said you cant have it both ways MA compromise how we get the bill of rights written to apse the anti federalist how we will protect the rights of individuals over a central govt you didn t get the bill of rights until you ratify the constitution For the anti c Basic principles Federalism the division of power of national govt fed and state govt the founders wanted the stronger central govt both nat and st share power article 1 amp 6 all states laws have to abide by the fed constitution Separation of powers Which powers does each branch have Fed papers 51 Checks and balances d Articles of the Constitution article 1 Legislature est congress A2 executive branch power A3 judiciary sets up the supreme court fed courts art3 courts A4interstate relations full faith and credit clause homosexual marriages gay marriage issues A 5 amendments process 23 congress 3 have to vote to ratify the amendment A6 supremacy clause sets up fed govt as supreme over state govt And the idea that any con ict between law Fed or state has to agree with the A7 9 states have to ratify the constitution Law the land enforced the const 4 Federalists vs Anti Federalists a Federalist 10 and 51 staples in every argument strong central govt v strong state govt how does the constitution limit the power sufficiently fed 10 madisiona 0n danger of factions factions pa1t of the avoiding tranny of the majority they come together because they have similar passions beliefs political paities critique or groups that come together and disagree use their power to put their beliefs into law possibly injuring the minority curing factions causes and effects you can cure the CAUSES and the EFFECTS madison favored curing the effects 1 You cant cure the cases because then you would infringe on individual rights destroy 2 You have to deal with the effects you have to deal with the representative democracy Republic v pure democracy Republic quot a small group deal with the voting to help deal with the factions can resist being taken in by the factions Pure democracy size would not function prevents mob mentality Federalist 51 madison 01 Hamilton Checks and balances SEAPERATION OF POWERS Characteristics helps resist infringement 1 will of its own 2 each branch should have little say in the membership of other branches except judge appointment its lifetime appointment men are angels men are not angels so government is necessary b Anti Federalists 21 and 22 favored a weak central Gov and most power given to the states who wrote them many ppl aren t nearly as cohesivegt they were edited to be 1 Was not written clearly or on the same page 21 whv the a1ticles failed and whv the Gov was failing the circumstances that were present The war and the debt circumstances concludes that the nat gov was weak because it lasts funding burdensome taxes the taxes that existed were already to meet the needs and states unable to deal the debt strengthen the articles wont solve you must fix the economic factors 22 amend the articles commerce powers egulating commerce states should agree to come together and solve the problems 4 within the con nes of the articles safer with states states would be less likely to make rational decisions 122 Thursday how much power should the central government have distribution of power How much does the Gov have by the constitution c Rati cation antiFederalists Virginia and nc ny June 1788 enough states to sign on 9 needed North Carolina and rode island help out until they were certain the bill of rights would be added d Bill of Rights aimed speci cally at the national Gov Limiting the power of the N GOV e Constitutional change B Federal Court Structure article 3 section 1 from the const we only get the ussc through congress we get the others Art3 grants this authority to congress judiciary act of 1789 sets up ussc 1869 sets the justices at 9 1925 made the appeals process 3 US district courts hear facts each states is diVided into regional district courts deal with 350000 cases a year 2 Us court of appeals after the trail 10er are guaranteed an appeal deal with questions of facts hear details of law 1 US supreme court C Supreme Court Process 9599grant writ of Certiori cert Make more certain JA of 1925 discretionary Rule of 4 4 have to read and agree SCrule part 3 rule 1015 Writ of aggeal 12Ifthere is an appeal they have to take it Original iurisdictionA3 section 2 specifically lists out the courts power to hear and decide a case before any appellate review Written arguments appellate briefs oral arguments Amicus C urie friend of the court us fed gov most popular must be able to do with permission petition Informa gaugaris in form of the pauper its free to file Writ of H abeaus C orgus bring the body 7 ling wrongly imprisoned M aiority opinion handed down by the courts the decisions Outcome amp I concurring the judge agree but has a doff opinion quot losing side why they didn t agree reason to get there voice out there a point to get across per curium by the court the courts opinion brown vBOE glurality anytime there is not 1 majority no one opinion gets a of votes concur in part etctheuv agree with some parts and have parts to say no advisory opinions never see the case cant give an opinion or advise it can onlv settle legal disputes D Proceeding before the Court E Decision Types F Justifiability 1 Judicial review Marbury vs Madison 1803 what actions can they hear and not de ne relevance and case example does not come directly form the constitution its implied in a 3amp6 3 lists the situation where the courts have jurisdiction MAN not on that list Grants the c the powers to review actions taken by other branches of gov and decide if its constitutional 39 the authority to review acts by other branches of govt and potentially render those acts unconstitutional Marbury vs Madison 1803 FACTS JPjob writ ofmandamus from JAof 1789 creates and appoints new judgeships signed and sealed set to be delivered by john Marshall who wrote the opinion writ of mandamus from J Aof 1789 common law writ issued by the court compelling the gov official to do his job ISSUE 3 questions 1is Marbury entailed to his commission yes 2 is M entitled to a remedy yes 3 does the authority granted to the SCt by CONg in the JA if 1789 allowing the court to issue a writ od Mandamus violate A3 second of the US constitution iyes REASONING Art 2 sect 2 and 3 once the president signed and sealed that s all that A2 says Yes he was entitled Sec 2 prest nominations S3 deals with the commission reasoning 2 leagal action V political action we cant get in to political questions this is not a political action it is a legal action 7 yes but MANDAMUS is not an allowable remedy R3 original jurisdiction R4 constitutional supremacy the const is not just an other law it has to be above the law trad legislation Final answers the courts job to be the nal say judicial dept to say what the law is Holding judicial remedy in JA of 1789 is unconst M gets no commission 2 Limitations a Case or controversy b Adverseness c Standing Flast vs Cohen Lujan vs Defenders of Wildlife 1992 Defenders of wild life they failed to establish alleged concrete injuries Ruling 72 relying on dicta in several recent cases Dicta statements of personal opinions or philosophy not necessary handed down giving legal advice Tuesday l27 Flast vs CohenTax payer nexus test Facts taX payer to challenge the esea of 1965 as a via of est clause of la Issue does a federal taxpayer having standing to challenge a federal statue when alleging that the statuete violae the Est clause of the lSt amendment Yes you can bring a suit if you have standing Reasoning yes you can bring suits set aside frothingham there can be situation where an individual can set suit against the govt the govt argues that the court violated the separation of powers there are political means to deal with the issues 7 Reasoning tax payer nexus test two prong test 1 the taxpayer must show a logical link between tax payer status and the claim 2 nexus between that status and the precise nature of constitutional infringement alleged the tax payer cant make a generic the constitutional claim must be speci c By infringing on the est clause of the const Holding taxpayer meets both therefore has standing what rule is the court applying and what do they say about how its applied Tax payer nexus test Limited Us V Richardson 1974 cia budget art 1 sec 9 you don t specify a tax payer establishment no standing to bring standing Valley forge V American united 1982 property transfer art 4 sec 3 they were giVing to a religious institution no standing no specific tax payer money in and out directly harmed and the est clause No standing Standing issues the court can only adjudicate what they are allowed Lujan V defenders of wildlife 1992 Endangered species act le challenging how the executiVe has interpreted the law Action taken by the executiVe what part of the const are the Violating Fact challenges admin s interpretation statute Prong 1 injury in fact there needs to be a clearly articulating inury by the group prong 2 causation in fact eVidence that it is the govt action os causing the injury in prong 1 prong 3 Redress ability the injury addressed must be able to be cured by the decision of the g0Vemment limitations of jurisdiction continued d Mootness DeFunis Vs Odegaard 1974 no longer reViewable its not actiVe the contr0Versy has to be ongoing Exception if the govt in action is capable if reputitution but eVading reView Roe V wade 1973 the court has to create an exception the court couldn t haVe herd the case in the time needed collateral consequences the challenge was still ongoing there was collateral consequence eVen through the harm is not ongoing Ex imprisoned etc e Ripeness opposite of mootness United Public Workers vs Mitchell 1947 7 not ready for review Poe V Ullrnan 1961 dealt with a ban on Bc for married couples There is no harm that we can resolve yet Some harm has to already happened Something has to have happened It can be solved politically II Federalism otent id A Basics 1 Definition the separation of authority between federal govt and state government A comparing systems unitary confederation v federalism principles of federalism Same people and territory same peeps same land Each level of govt is protected from encroachment eX state Elections own no They both can exert leverage over another eX appointment of senators b dual federalism separate equally powerful levels of government Every state has its own power but it can only act in certain ways c shared federalism no clear boundaries between federal and state 2 Federal vs State power State has police powers health safety and welfare of the citizens Broad Fed limiteda enumerated Is it specifically listed fed action must be enumerated and constitutional a Federalist 6 and 15 Fed 6concems of dissentionamong the states dangers of dissention between the states men are vindictive and will start fighting among themselves why we need a strong central govt responding to the antifed Echos hobbs commerce insufficient neighboring govt are natural enemies Problem of not having a strong nat govt Fed 15critical of the articles there is no umbrella or controlling making them adhere to the nat govt need a nat govt to control the states lists 2 national humiliations Economic and ForeignPolicy disarray who do they speak to problems with men and money the states wouldn t want to send money to the nat govt there is no one to make them send the money to the states no enforcement we are dealing with the passion of men b Antifederalist 6 and 17 anti fed 6 this hobgoblin appear misplaced words the federalist are trying to scare you its not true Anti 17 sections of concern The supremacy clause art 6 and the necessary proper clause art1 mc V md 3 Speci c powers a Article 1 Sect 8 speci c federal powers 18 total There are going to be the specific powers the indoctrinate if implied powers b Article 2 executive and 3 judiciary federal powers Art 3 if the court has the authority to hear a case c Foreign affairs Bl Imylied Powers Mchlloch vs MD 1819 1 Definition Powers not explicitly stated in the constitution which are suggested or implied by particular clause of the constitution EX necessary and proper general welfare 2 Necessary and yroyer clanse Mchlloch vs MD 18192 the congress shall have Bower to make all laws which sh all be necessary and yroyer or carrying into execution the foregoing Bowersl and shall all other yowers vested by this in the govt of the as or in anv dept or of cer thereof const Mchlloch vs MD 1819 Facts Maryland act taxed banks that weren t charted by the us that happened to include the 2quotd bank ofthe US A teller didn t pay MD sued Delt with problems arising for regulating the new currency the fed govt Issues 1 does congress have these powers fed power 2 does MD have the power to taX a fed bank state issue 10 Reasoning l the court determined that the issued the necessary and proper clause that the fed was able to create a bank Marshall theory Power is derived from the ppl key for govt to point to one of the explicit powers 2 MD did not have the power to tax the fed govt nature of feds gov s powers come from the ppl not the states explicit v implied powers incidental to carrying out explicit where we get the notion of implied powers explicit powers necessary legitimate constitutional rationally related the interpretation was narrow and needed to be Marshall make it broadly rejecting the interpretation To be legitimate or rationally related also rejects the separation of powers issue close call should go to congress not judicial C Term Limits you can only serve so many terms 1 The general ideal an attempt for states to exert some oversight with the nat govt 2 Quali cations clause 7 Powell vs McCormick g 1969 procedural issue exclude candidates v expel members MPowell was re elected house said step down Dodging indictments so he wasn t quali ed Quali cation clause us const an 1 sec57 yes but they did not vote to expel however the vote to exclude M may the house of rep have the authority to exclude from member ship an individuals who is elected or appointed by the ppl of his district that individuals meets basic requirements form an 1 sec 2 no 7 not based on the fraud charges Reasoning speech and debate clause does not prevent review You can t even sue the court can not review a case involving congress Powell wouldn t have been able to sue not reviewable Was the case reviewable and can the deny is seat Quali cations clause v the right of the citizens to freely choose representatives Holding congress cannot add quali cations beyond those contained in quali cation clause us const artls2 3 State term limit authority 7 11 US Term Limits Inc vs Thornton 1995 Facts ark limits 3 terms in house 2 in senate In the ark constitution You cant run if you have already served 3 or 2 years similar to the 22 amendments Issue can states alter the quali cations listed in the us constitution Does it violate the requirements included in art 1 section 23 yes Reasoning McCormack limits states too original powers 101h amendment only reserves the powers under the article of confederation you never had these powers at the framing of the us const exclusive intent and requirements art 1 sec 23 and 4 states can hold the time shall be prescribed how to hold elections not term limits national system holding dissent found it being a state power Holding no states do not have this right to add to the requirements III Commerce Clause A Basics 1 De nition Art 1 section 8 the power to regulate Commerce with foreign nations anal among the several M anal with the Indian tribes Inter state multiple states how broad is this interpretation Intra state all inside the state Two distinct functions 1 congress authority to act anal regulate 2 and state authority to act dormant commerce clause 2 Federalist 11 the importance of the union to have control over commerce and the trade the focus on the idea of a foreign markets Not necessarily among states they are encouraging the diversity of goods to help the economy They don t envision limiting the trade among states Sets up the debate of the 10111 amendment 3 Antifederalist ll Addresses the diversity of goods letting the market control the in ux The define govt as already having a federal republic that its already existing Role of local govt it cant serve local funds and must make sure the fed govt cant hurt the local concerns Appropriate role of congress in regulating of commerce 12 FED Govt role in national economy today The sole power to print money B Pre New Deal 1 A broad view Gibbons vs Ogden 1824 Facts ogden was giving the licenced monopoly from ny to operate a ferry between Gibbions was granted a license by the federal gov to operate the ferry Ogden Issue can congress regiulate No Is the congressional act regulating the coasting trade within Congress s authority under the commerce clause iyes Is NY laws invalid under the supremacy clause yes Reasoning Broad view of the commerce clause 1St the must evaluate the constitutionality that gave gibbons the rights in the forst place and the Ny authority to grant a monopoly The court NY law is invalid the congressional statute is valid If they narrow the fed gov it would cripple thus is why its necessary to broadly interpret commerce Commerce de ned not only buying and selling but all commercial intercourse Lopez will lay out among the several states can congress est regulations for InTRAstate no protected by 103911 utmost eXten to regulate interstate commerce all federal authority thus rejecting the 103911 amendment argument Intestate commerce act 1887 7 break up rail road monopoly and Sherman antitrust act 1890 Us vs EC knight 1895 7 incidental effects and manufacturing Manufacturing is not apart of commerce its removed from the commerce its self they did hold 98 control they were separate companies not all one 2 broad categories economics regulation and police powers health safety and welfare of citizens 2 39 quot 39 39 effects The Shreveport Rate Case 1914 duel federalism perspective facts regulation of train Rates interstate and intrastate is not being treated equally Commerce power includes right to regulate if substantial econ effects on to INTERstate 13 current of commerce how commerce moves across the country anything involved in regulating that movement 3 Police powers Champion vs Ames 1903 Hammer vs Dagenhart 1918 def statesGov s authority oversee thehealth safety and welfare of citizens authority delegated to states in 10A lottery case champion vs Ames 1903you cant ship lottery tickets across states yes you are trying regulate behavior passing a law to prevent it Court a J quot quot to r 39 quot quot39 police power you are trying to regulate abehavior so Hammer vs Dagenhart 1918 Facts if your good is evil you cant sell across state lines The evil is child labor the goods are being shipped across state lines Issue does congress have the authority to prohibit the sale of goods across state lines for moral reasons 7 no Reasoning distinguishing from previous cases The evil is the product not the production Or wage issues Power is reserved to the states Holmes decent Takes a much broader interpretation yes it should be regulated and does not prohibit fed govt form regulation Both can make regulations in that arena Collateral effect on local activitiesdoesn t make statues unconstitutional Implicit 10A rejected C New Deal transition challenges legislation to regulate packages and try to get ppl back to work To set wage rates maX hours etc FDR Rules cases use pick what rule the court is applying and the analysis the court is trying to play 1 Direct and logical relationship The Sick Chicken Case 1935 The Carter Coal 1936 gt challenge is the direct and logical relationship this is not interstate commerce the relationship that eXists SCt threatens new deal responding to the great depression The Sick Chicken Case 1935 deal with the national industrial recovery act Adopts code of fair competition including minimum wage and prices maX hours etc They argue that they are totally intrastate court agrees not in current if commerce no affecting on interstate not sufficiently direct to be justi ed under commerce clause 14 The Carter Coal 1936 Coal conservation act of 1935 maX hours and min wages Law in place Production is purely local Employer 7 employee relations is a local evil over which the federal government has no legislative control Because its not direct its not sufficient for the court to uphold in 1935 how can the federal gov deal with the GD 7 with these narrow interpretations of the Commerce clause inTRAstate price should have a affect on inTERstate 2 Court packing plan COURTPACKING PLAN OF 1937 In 1937 President Franklin D Roosevelt proposed a reorganization of the judiciary that included his controversial quotcourtpackingquot plan This plan would allowthe president to appoint a new Supreme Courtjustice whenever an incumbent judge reached seventy and failed to retire a maximum of six judges could be named in this manner Roosevelt39s proposal to reorganize the federal courts began a year of crisis Even though he was at the peak of his power after the election of 1936 much of his opposition was still entrenched in thejudiciary as evidenced in the decisions invalidating such New Deal measures as the National Recovery Act the Agricultural Adjustment Act and the Guffey Coal Act of 1935 15 the justices are overworked and appoint a new justice for every one over the age of 70 the switch in time that saved 9 there was nothing to indicate that this would pass start of the expansion of govt powers D Modern approaches 1 Substantially a ects NLRB vsJ ones and Laughlin Steel l937 if affects interstate commerce and Marks the shift between direct and indirect affects for interstate facts the NLRB were charged with violation of the act in relations with management and employees in discrimination Uphold if the activity being regulated substantially affects interstate commerce unfair labor practices relaxes the direct and logical nexus required between the activity commerce NLRB tries to stop steel producer from engaging in unfair labor practices questions 1 is the national relations act within congresses authority under the CC 7 Yes reasoning congress the NLRB does have to because they are a multi state operation that s inTERstate commerce broadly interpretation of affecting commerce multistate network operations affects the interstate The 10111 is rejected again Substantially affect how does congress change as a result of this action They are going to look at the substantial a ect in inTER state commerceeconomy congress may be regulated on by congress 2 Cumulative e ectsicong may regulate not ONLY acts which taken alone would have s Substantial economic effect on interstate BUT ALSO on the entire calls of acts if the class had substantial econ effect EVEN if one act within in it might have virtually no interstate impact at all Wickard vs Filbum 1 1942 Facts the Agriculture adjustment act of 1938 sought to regulate and penalize overproduction Filbum was growing wheat that he was growing for personal use He was fined he argued they were not entering IssueMay congress regulate of wheat via the commerce clause be applicable to purely locally grown wheat yes they may Reasoning cumulative effect mean that congress may still regulate interstate commerce Consumption has market effect 16 Even if it s only for personal use we are ultimately regarding indirect of direct effect on interstate market Decision to NOT enter the market was the issue an issue He narrows the commerce clause Cumulative effects every one cant do this because 3 General welfare US vs Darby 1941 4 Interstate travel Heart of Atlanta Motel vs US 1964 5 Present limitations a Guns in schools US vs Lopez 1995 b Violence against women US vs Morisson 2000 c Medicinal marijuana Gonzalez vs Raich 2005 3 General welfare US vs Darby 1941 recall Hammer FACTS Fair labor standards act min wages max hours for all gods for interstate ISSUE is the FLSA a legit exercise of congresses power to regulate commerce YES REASONING the 10Amen is rejected the 10 A states but a truism that all is retained which has not been surrendered REASONING Motive irrelevant REASONING Reasonably related to achieve end of regulating interstate commerce 4 Interstate travel Heart of Atlanta Motel vs US 1964 FACTS title 2 of civil rights act refusing AAs based on race REASONING discrimination will depress interstate commerce 5 Present limitations Guns in schools US vs Lopez 1995 a b FACTS gun free school zone act of 1990 ISSUE Is the gun free school zone act within congress39 commere clause authority NO 90 REASONING no explicit findings by congress e JURISDICTIONAL NEXUS a statutory provision which limits the statues scope to only those activities which the government specifically has the authority to regulate f REASONING substantial economic effect required not commercial g REASONING activities congress can regulate channels instrumentalities substantial relation 17 h REASONING too broad piles inference upon inference b Violence against women US vs Morisson 2000 FACTS violence against women act of 1994 ISSUE is the violence against women act within congress commerce clause authority NO REASONING noneconomic REASONING congress findings are insufficient REASONING local vs national interest c Medicinal marijuana Gonzalez vs Raich 2005 FACTS controlled substances act CSA vs CA medicinal marijuana proposition ISSUE is the intrastate enforcement of the CSA within congress commerce clause authority YES REASONING Congress may regulate intrastate activity where the behavior in the aggregate can impact interstate commerce weed black market REASONING distinguish from Lopez and Morisson test citations quote case name multiple choice questions from federalists papers readings short answer ID terms define it talk about significance and give case example more info rather than less 5 of them began here 210 3 General welfare 7 US vs Darby 1941 Recall Hammer FACTS 7 Fair Labor Standards Act 7min wages max hours for all gods for interstate ISSUE 7Is the FLSA alegitirnate exercise of Cong s Power to regulate commerce YES REASONING 7 The 10 h amendment is thrown away at this Point The 10A states but a truism that all is retained which has not been surrendered REASONING 7Motive irrelevant What they want to regulate is not relevant only whether they can make the connection to commerce clause and mammzkJ related to achieve end Reasonable and rational defer a lot to the government Turns Hammer and New Deal cases on their head 4 Interstate travel 7 Heart of Atlanta Motel vs US 1964 FACTS 7 Title 2 of Civil Rights Act Refusing service to African Americans The gov argues that 18 REASONING 7 Discrimination will depress interstate commerce therefore they can regulate Broad interpretation local evil being addressed thru Commerce Clause related to Darby 5 Present limitations a Guns in schools 7 US vs Lopez 1995 FACTS 7 Gun7Free School Zone Act of 1990 ISSUE 7Is th Gun7Free School Zone Act within Congress Commerce Clause authority No REASONING 7 argument Possession of a gun at school leads to violence leads to drag on economy No explicit findings by Congress Potential ID Jurisdictional nexus A statutory provision which limits the statute s scopr to only those activities which the government specifically has the authority to regulate They must be very clear of What parts of interstate commerce they re regulating and Why REASONING 7 Substantial economic effect required 7 not commercial What theyre trying to regulate is wholly not commercial at all REASONING 7Activities Congress can regulate Channels market rrerlit card 39 39 quot 39 people involved 7 minwage regulation of chicken health substantial relation mustbe rational and irnpactful 3 broad sectors of interstate commerce In this case we are focusing on substantial relation REASONING 7 The gov s argument is way too broad piles inference upon inference As our economy as grown if all they had to do is show tangential relation Congress would have way too broad ofpower Mame mm mm n t miee dam afCammerm Chute mire 7930 b Violence against women 7 US vs Morisson 2000 FACTS 7 VAWA of 1994 Congress does provide detailed findings of effect of conduct on interstate commerce Women in fear w gender motivated violence would less likely to be productivemembers ofworkforce and thus depressing market ISSUE 7Is the VAWAwithin Congress Commerce Clause authority No REASONING 7 We re not talking about something that has an effect on commerce Non economic Cong findings are insufficient The substantial relation criteriathe activity being regulated is wholly non7economical Concludes on reliance on distinction between local v national interest What is truly local What is truly national gt echoes federalist papers c Medicinal marijuana 7 Gonzalez vs Raich 2005 Regulation of a non7commerical activity but they conclude that the activity has a broad relationship to commercial interstate activity FACTS 7 Controlled Substances Act CSA v CA medicinal marijuana prop Established exemptions from criminal prosecution for doctors prescribing marijuana If you have a Rx you can produce your own In this case they re engagingin non7commercial regulation Growing and consuming locally Their prosecution of CSA under commerce is unconstitutional bc congress has no authority 19 ISSUE Is the intrastate enforcement of the CSA within Congress Commerce Clause authority YES REASON39ING bc of Wickard can regulate Purely intrastate if it undercuts interstate commerce rule is cumulative effects doctrine REASONING Distinguish from Lopez and Morrison Still an economic activity Exam instructions Paper prompt You write an applet brief on behalf of one of the Focus on th 3rd sec Don t worry about the standing issue If yes az redistrict If no az st leg Use the lower court opinion Test prompt Use the rules and precedent Write on opinion upholding striking Judicial response 20


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