CONSTITUTIONAL LAW

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CONSTITUTIONAL LAW

• CLASS 9
• January 28, 2007
• Limits on Federal Legislative Powers The Tenth
  and Eleventh Amendments

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CLOSER JUDICIAL SCRUTINY1990s-?

• United States v. Lopez, (1995) (5-4) (CB p. 153)
• United States v. Morrison, (2000) (5-4)(CB p. 173)

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MOST RECENT SUPREME COURT RULING

• Gonzalez v. Raich, (2005) (5-4) (Supp. p. 9)

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MODERN LAW 3 THINGS CAN BE REGULATED UNDER THE
COMMERCE POWER

• 1. Channels of interstate commerce (e.g. roads,
  terms/conditions on which goods can be sold
  interstate)
• 2. Instrumentalities of interstate commerce (e.g
  airlines, railroads, trucking) and
  persons/things in intersatet commerce
• 3. any economic activity that has a substantial
  relationship with interstate commerce or
  substantially affects interstate commerce (read
  together with N P clause)

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GIBBONS v. OGDEN (1824) (CB p. 124)
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Hammer v. Dagenhart (1918) (CB p. 132)

• Justice Day wrote the majority opinion
• Powerful dissent by Justice Holmes (pictured
  left) (joined by McKenna, Brandeis, and Clarke

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U.S. v. Darby (1941) (CB p. 144)

• Justice Stone delivered opinion of the Court
  (unanimous)

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National League of Cities v. Usery (1976) (CB p.
180)

• 5-4 Majority opinion written by Justice Rehnquist
  (joined by Burger, Stewart, Blackmun, and Powell)
  
• Concurring opinion by Blackmun
• Dissent by Brennan joined by White and Marshall

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Garcia v. San Antonio Metropolitan Transit
Authority (1985)

• 5-4
• Justice Blackmun wrote the majority opinion,
  joined by Brennan, White, Marshall, and Stevens
• Powell, Rehnquist, OConnor, Burger dissent

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New York v. United States (1992)

• Justice OConnor delivered the opinion of the
  Court
• 6-3 decision
• Dissenters White, Blackmun, Stevens
• OConnor is the only current Retired Associate
  Justice

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Printz v. United States (1997)

• 5-4 decision
• Scalia wrote majority opinion
• Dissenters Stevens, Souter, Ginsburg, Breyer

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Reno v. Condon (2000)

• Unanimous
• Chief Justice Rehnquist wrote the opinion of the
  Court