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CONSTITUTIONAL LAW

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Justice Day wrote the majority opinion. Powerful dissent by Justice Holmes (pictured left) (joined by ... National League of Cities v. Usery (1976) (CB p. 180) ... – PowerPoint PPT presentation

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Title: CONSTITUTIONAL LAW


1
CONSTITUTIONAL LAW
  • CLASS 9
  • January 28, 2007
  • Limits on Federal Legislative Powers The Tenth
    and Eleventh Amendments

2
CLOSER JUDICIAL SCRUTINY 1990s-?
  • United States v. Lopez, (1995) (5-4) (CB p. 153)
  • United States v. Morrison, (2000) (5-4)(CB p. 173)

3
MOST RECENT SUPREME COURT RULING
  • Gonzalez v. Raich, (2005) (5-4) (Supp. p. 9)

4
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)

5
GIBBONS v. OGDEN (1824) (CB p. 124)
6
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

7
U.S. v. Darby (1941) (CB p. 144)
  • Justice Stone delivered opinion of the Court
    (unanimous)

8
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

9
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

10
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

11
Printz v. United States (1997)
  • 5-4 decision
  • Scalia wrote majority opinion
  • Dissenters Stevens, Souter, Ginsburg, Breyer

12
Reno v. Condon (2000)
  • Unanimous
  • Chief Justice Rehnquist wrote the opinion of the
    Court
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