PLSC 471 Quiz 3 Classnotes part 2

U.S. v Darby Facts

Federal gov’t got an indictment against Fred W Darby for violating the FLSA 

Federal gov’t alleged Darby of what?

Engaged in the production and manufacturing of goods shipped out of state but that he had not abided by either of the FLSA’s pay requirements 

Fair Labor Standards Act (FLSA)

all employers “engaged in interstate commerce, or in the production of goods for that commerce” must pay all their employees $0.25 per hours min wage and capped working hours to 44 hrs per week without paying overtime 

Darby challenged the US gov’t with what specific case(s)?

Hammer v Dagenhart and other pre-1937 cases 

U.S v Darby Issue

Under the commerce clause and the 10th amendment, may Congress regulate the interstate labor conditions of a company engaged in interstate commerce? 
Yes, 8-0, Stone

U.S v Darby Court Opinion

Court cited the purpose of the FLSA & manufacturing under commerce

Purpose of FLSA according to the Court

Uphold labor standards

exclusion of products from interstate commerce

Under Darby the Court found manufacturing to be…

Not interstate commerce, but shipment is
Congress may prohibit the shipment of products “injurous to the public, health, morals, or welfare”

US. v Darby ocerruled which case?

Hammer v Daganhart

What did the Court say in Darby about the 10th Amendment?

“The amendment state but a truism that is all restrained wich has not been surrendered” (Doesn’t do anything)

Wickard v Filburn Facts

Filburn was given 11 acres to use, but planted in 23 acres; extra wheat used exclusively for on-farm consumption

1938 Agricultural Adjustment Act

allowed the Feburary of Agriculture to establish production limits for various grains 

1938 Agricultural Adjustment Act purpose

stop wild swings in grain prices by eliminating surpluses and shortfalls

Wickard v Filburn Issue

Based on the Commerce Clause, may Congress regualte non-commerical intrastate agricultural production?
Yes, 9-0, Jackson

Wickard v Filburn Court Opinion

For Congress to regulate the interstate activities, it may be “necessary and proper” for it to regulate the local activities (ripple effect on others)

“substantial effect on interstate commerce”

Aggregate effect

Economic activity + all those who are simialry situated

In Wickard v Filburn, the Court returned to which court case principals?

Gibbons

In Wickard v Filburn “market” was defined to include

excess crops

Heart of Atlanta Motel, Inc. v United States Facts

The Heart of Atlanta Motel met definition of a public accommodation in interstate commerce; Filed suit to declare the 1964 Civil Rights Act unconstitutional 

Civil Rights Act of 1964 Title II

prohibited discrimination on the basis of race, color, religion, or national origin by certain public accommodations that operated in or affected interstate commerce 

The Negro Motorist Green Book

travel guide for African American travels, listing hotels, restaurants, and service stations that accepted Black Americans 

Passenger Cases (1849)

was precedent for the movement of people as commerce

Heart of Atlanta Motel, Inc. v United States Issue

Under the Commerce Clause, may Congress prohibit discrimination by private businesses that provide accommodations?
Yes, 9-0, Clark

Heart of Atlanta Motel, Inc. v United States Court Decision

Congress has broad power under the Commerce Clause to regulate interstate commerce, including local activities that substantially affect it

In Heart of Atlanta Motel, how did the court determine impact of discrimination on interstate travel?

1. Green Book

2. Discouraged travel

Determinative Test

Involves more than one state and it has a substantial relationship to national interest

Heart of Atlanata Motel gave Congress what power?

to use the commerce clause as authority to regulate moral wrongs that occur in interstate commerce 

Which President’s appointments tipped the scale in favor of state rights?

Regan and Bush’s

United States v Lopez Facts

Lopez came to a high school carrying a concealed handgun with ammunition; Arrested for violating the Gun-Free School Zones Act of 1990 

United States v Lopez Issue

Under the Commerce Clause, may Congress make handgun possession in school zones a federal crime? 

No, 5-4, Rehnquist 

United States v Lopez Federal Gov’t argument

it’ll have a ripple effect on the economy (kids -> death -> less workers) 

United States v Lopz Court Opinoin

US Code, First Principle, James Madison

US Code

“It shall be unlawful for any individual knowingly to possess a firearm at a place that the unsocial knows, or has reasonable cause to believe is a school zone” “It shall be unlawful for any individual knowingly to possess a firearm at a place that the unsocial knows, or has reasonable cause to believe is a school zone” 

First Principles

“we start with first principles. The Constitution creates a Federal Government of enumerated powers” 

James Madison

“the powers delegated by the proposed constitution to the federal government are few and defined” 

 Three Categories of Commerce 

1. Channels of commerce 

2. Instrumentalities of commerce 

3. Syntactically effect on commerce 

United States v. Lopez — Aggregate Effects Rule

1. Does not apply to noneconomic activity 

2. Can have a jurisdiction (hook) 

Lopez Government’s Commerece Clause Arguement

“Costs of crime” & “National productivity” 

Lopez — Why Court Rejected “Costs of Crime” Argument

• Relies on “inference upon inference”

• Too indirect: gun → crime → economy

• Would give Congress unlimited power

Lopez Updated provision

“It shall be unlawful for any individual Knowledge to posses a firearm that has moved in or that otherwise affects overstate or foreign commerce at a place that the unu

United States v Morrison Facts

1. Brzonkala alleged that she was sexually assaulted by Morrison and Crawford 

2. She filed suit against the two men and Virginia Tech under the Violence against Women Act of 1994 

Violence against Women Act of 1994

Provided a federal civil remedy for the victims of gender-motivated violence 

United States v Morrison Issue

Based on the Commerce Clause and US v Lopez, may Congress regulate non-economic, intrastate gender-motivated crime? 

No, 5-4, Rehnquist 

United States v Morrison Court Opinion

Congress doesn’t have any police power, so they do it through commerce; Presumption of constitutionality; Economic impact of other violent crimes 

Morrison Civil Rights for Women purpose

“protect the civil rights of victims of gender motivated violence and to purview public safety, health, and activities affecting interstate commerce” 

Lopez four-part analysis applied 

1. Not an economic activity 

2. Jurisdiction hook 

3. congressional findings 

4. Attenuated link 

In Lopez, what did the Court say about Family Law?

“the aggregate effect of marriage, divorce, and childrearing on the national ribbon in is undoubtedly significant” 

In Lopez what did the Court say about federal and state power?

The only limits would be the “legislative grace” of Congress; The remedy should be provided by the state (Virginia) 

Gonzales v Raich Facts

Federal agents destroyed Monson and Raich (Californians) homegrow weed, both suffered many serious medical conditions, use weed advice from doctors 

The Food and Drug Administration (FDA)

created by Congress to administer federal policy over food, drugs, cosmetics, and tobacco, regulates pres

California passed Proposition 215 (Compassionate Use Act)

allowed very ill resonates to use weed for medical purposes; exemption from curveball prosecution for patients, physicians, and caregivers who cultivate and possess weed for medical reasons 

Gonzales v Raich Issue

Based on the Commerce Clause, Necessary and Proper Clause, and Wickard v Filburn, may Congress regulate the non-commercial, intrastate cultivation of marijuana as part of a comprehensive regulatory scheme?  

Yes, 6-3, Stevens 

Gonzales v Raich is similar to what case?

Wickard

Gonzales v Raich Federal Gov’t Argument

its Constitutional power to regulate commerce was sufficiently broad to regulate the use of weed 

Gonzales v Raich Raich and Monson argument

federal commerce power doesn’t extends to medieval use of weed and that their plants were sirens ma processed with materials from California 

Gonzales v Raich Court Opinion

homegrown weed is an economic activity 

Gonzales v Raich market conditions

1. Homegrown marijuana may impact the market 

2. Enforcement difficulties 

Gonzales v Raich Justice O’Connor’s Dissent 

• Rejects an overly expansive definition

• “Economic activity” should not include purely local, noncommercial conduct (like personal cultivation/use)

• Warns against defining it so broadly that almost anything becomes economic

Justice O’Connor consisdered states as what?

laboratories

Justice O’Connor opinion on personal cultivation and use

No evidence that it has a substantial effect on interstate commerce 

Justice O’Connor noted what about the expansive definition of “economic activity”?

“any activity involving the production, distribution, and consumption of commodities” 

Justice O’Connor opinion about the law

she does not agree with it, but the residents did; Court can’t overstep