Commerce Clause Narrowing Flashcards
Cases that narrowed the commerce clause.
US v. Lopez
US v. Morrison
Gonzales v. Raich
New York v. US
Reno v. Condon
Murphy v. NCAA
NFIB v. Sebelius
Main facts of US v. Lopez
The Defendant, Lopez (Defendant), a high school senior, was indicted under the federal Gun-Free School Zones Act of 1990 (the Act). The Act prohibited knowing possession of a firearm at a place the individual has reasonable cause to believe is a school zone.
Main point(s) of US v. Lopez
Carrying a gun on within the Gun-Free School Zone Act is not an economic activity nor was it part of a larger regulatory regime of economic activity
No economic Activity
Main facts of US v. Morrison.
The Respondent, Morrison (Respondent), was sued under part of the Violence Against Women Act of 1994 (Act), which penalized crimes of violence motivated by gender. Now Respondent argues this section of the Act is beyond the scope of Congress’ power to regulate commerce.
Main point(s) of US v. Morrison.
Intrastate actions must be economic in nature to be viewed in aggregate by courts reviewing a Commerce Clause case.
No economic activity here.
Main facts of Gonzalez v. Raich
A medical marijuana user in California sued for an injunction of the Controlled Substances Act so that she could continue legally growing and consuming her own medical marijuana.
Main points of Gonzalez v. Raich
Congress may regulate a class of activity if the failure to regulate would undercut the regulation
Uses the term “generally economic” in nature. Even though the marijuana growth was for personal use.
Strengthened the rational basis review
Main facts of NFIB v. Sebelius
Congress passed the Patient Protection and Affordable Care Act 2010: The Act required (1) individuals to maintain a minimum level of health insurance and if anyone fails to comply, he/she must pay a tax penalty and (2) the States to provide specified health care to all low-income citizens under the Medicaid expansion for the States to receive federal funds.
