Exam (elaborations)
MIE 305_ Court Cases, Exam 2 (Chapters 7, 8, & 9) (1)
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MIE 305_ Court Cases, Exam 2 (Chapters 7, 8, & 9) (1)
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MIE 305: Court Cases, Exam 2 (Chapters 7, 8, & 9)United States v Lopez - ANS-Year: 1995
What happened?: High school senior brought a gun to school & was charged. He was
convicted, but he argued it was unconstitutional and said that congress did not have the right
over the commerce clause.
Issue: does the commerce clause enable congress to prohibit gun ownership near schools?
Answer: the gun free zone act is unconstitutional. Congress could have rationally found that gun
violence in schools is a commercial problem. This case dramatically refined the balance
between state and federal power.
Concurring: Justice Kennedy → education and gun control are areas traditionally regulated by
the states
Justice Thomas → the majority's substantial-effects test is too broad.
Dissenting: Justice Stevens → future commerce depends upon providing the nation's children
with quality education.
Justice Souter → the majority's test is a step backward. It relies on unworkable distinctions.
Congress is not required to make findings of fact to pass constitutional muster.
Justice Breyer → to determine an activity's effect on interstate commerce, consider the
cumulative effect.
Kassel v. Consolidated Freightways - ANS-Year: 1981
What happened?: Interstate transportation company that gave service to 48 states. Iowa
prohibited 65 ft rigs from driving in the state, but Iowa trucks could have up to 70 ft rigs which
was unfair to Consolidated Freightways.
Issue: Under the dormant commerce clause, is a state law that substantially burdens interstate
commerce while only marginally promoting a health or safety purpose unconstitutional?
Answer: : yes, a state law that substantially burdens interstate commerce while only marginally
promoting health or safety is unconstitutional.
Majority: Justice Powell
Concurring: Justice Brennan & Marshall → the law was unconstitutional b/c the statute was not
enacted due to safety issues. Brennan stated they should only examine the legislative record.
Dissenting: Justice Rehnquist → the court should apply a highly differential rational-basis
standard and uphold the Iowa law under the dormant commerce clause principle
City of Philadelphia v. New Jersey - ANS-Year: 1978
What happened?: New Jersey passed a law prohibiting other states from dumping trash in their
state, other states felt they were violating dormant commerce clauses
Issue: can a state constitutionally prohibit out-of-state waste from crossing its borders?
Answer: no. states may not discriminate against articles of commerce based on their
out-of-state origin. Determined that their law did violate dominant commerce law
Majority: Justice Stweart - state regulations can be unconstitutional through their ends and not
only their means.
, Dissenting: Dissenting: Justice Rehnquist → New Jersey's law is constitutional because the
state has no other viable option to protect its landfills.
End result: A state regulation even if meant for safety and regulation can be held
unconstitutional if they burden or discriminate against interstate commerce.
Shreveport Rate Case - ANS-Year: 1914
What happened?: Railway company ran trains in many cities, but charged higher rates from
Louisiana, but not in their own state, Texas.
Issue: does the commerce clause authorize congress to regulate local commerce to the extent
necessary to regulate interstate commerce?
Answer: yes. The commerce clause authorizes congress to regulate that local commerce as
necessary to regulate interstate commerce. Was ordered to end discrimination by reducing rate
charged to Shreveport customers.
Associate Justice Hughes presented majority opinion
McCulloch v MD - ANS-Year: 1819
What happened?:Congress passed an act and created a bank of the U.S. and a year later
Maryland opened a bank and then passed an act that charged all out of state banks a $15,000
tax. McCulloch refused and MD sued.
Issue: Does congress have an implied constitutional power to create a bank? If congress does
have that power, can states tax a federal bank?
Answer: Congress can create a federal bank and the states may not tax it. Congress has both
implied and enumerated powers. The necessary and proper clause supported the court's
decision. The Maryland tax was unconstitutional.
Unanimous decision: Justice Marshall: congress has implied powers, not just enumerated.
Gibbons v Oden - ANS-Year: 1824
What happened?: Gibbons was arrested for fraud and wanted revenge on Ogden so he
challenged his business. Got his own boat to operate on the same waterway.
Issue: is a state law valid if the law infringes on congress's authority to regulate interstate
commerce?
Answer: yes, congress has the power to regulate interstate commerce. Therefore, state law was
trumped by interstate authority. The navigation of steamboats from one state to another is under
congress law under the supremacy clause.
Spoke for the court: Chief Justice Marshall
Concurring: Justice Johnson → New York's monopoly license would be invalid even without a
conflicting federal license. B/c framers gave congress complete authority over commerce.
Wickard v. Filburn (1942)
Wickard v Filburn - ANS-Year: 1942
What happened?: Agricultural Adjustment Act: gave farmers a quota on how much wheat they
could grow. Filburn grew wheat for market, but his family also and this caused the government
to say he is growing over his quota and he fought this.
Issue: does congress's commerce clause authority allow it to regulate purely in state activities?
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