United States v. Morrison Case Brief Summary

United States v. Morrison Case Brief Summary | Law Case Explained

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6 жыл бұрын

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United States v. Morrison | 529 U.S. 598 (2000)
In modern history, it’s been rare for the United States Supreme Court to rule that Congress overstepped its authority under the Commerce Clause. United States versus Morrison was one of those rare cases.
In 1994, Congress passed the Violence Against Women Act. The act included a provision that allowed victims of gender-motivated violence to sue the perpetrators of the violence for money damages in federal court. Congress created the damages provision because the avenues for relief in state court were too limited for victims of gender-motivated violence.
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Пікірлер: 31

@nataliatarakanova4585 3 жыл бұрын

Great video, thanks!

@Hosookland 4 жыл бұрын

this is so helpful thank you

@grupp4245 2 жыл бұрын

It seems like if Souter’s logic follows. That the commerce clause could be used to justify a lot over reach by Congress as they could justify the relationship with just about any activity to interstate commerce.

@robertlemus5106 2 жыл бұрын

Perhaps if they have a "mountain of data" in support of it, as they did here, it is not an over reach at all.

@haydenhowell1647 2 жыл бұрын

I agree w @G Rupp Souter is saying that the court must agree with Congress’ conclusion that it substantially affects- the court is saying they disagree w their conclusion… The mountain of data is a red herring, bc the court is supposed to judge whether that mountain is sufficient, and subsequently agree or disagree w Congress conclusion. Otherwise there is no check on Congress if you “defer” to their conclusion.

@teoanselmi581 2 жыл бұрын

@@robertlemus5106 "Supply and demand for goods in interstate commerce will also be affected by the deaths of 2,000 to 4,000 women annually at the hands of domestic abusers, see S. Rep. No. 101-545, at 36, and by the reduction in the work force by the 100,000 or more rape victims who lose their jobs each year or are forced to quit, see id., at 56, HR Rep. No. 103-395, at 25-26. Violence against women may be found to affect interstate commerce and affect it substantially. " -Justice Souter, with whom Justice Stevens, Justice Ginsburg, and Justice Breyer join, dissenting. and so that was the mountain of data and we could say almost the same thing about almost all violent crimes and therefore the question the court had to answer was whether it is necessary and proper for Congress to federalize all criminal law to regulate interstate commerce.