CONSTITUTIONAL LAW
CLASS 9
January 28, 2007
Limits on Federal Legislative Powers:
The Tenth and Eleventh Amendments
CLOSER JUDICIAL SCRUTINY
1990s-?
• United States
v. Lopez,
(1995) (5-4)
(CB p. 153)
• United States
v. Morrison,
(2000) (54)(CB p. 173)
MOST RECENT SUPREME
COURT RULING
• Gonzalez v.
Raich, (2005) (5-4)
(Supp. p. 9)
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)
GIBBONS v. OGDEN (1824) (CB
p. 124)
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
U.S. v. Darby (1941) (CB p. 144)
• Justice Stone
delivered opinion of
the Court
(unanimous)
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
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,
O’Connor, Burger
dissent
New York v. United States (1992)
• Justice O’Connor
delivered the opinion
of the Court
• 6-3 decision
• Dissenters: White,
Blackmun, Stevens
• O’Connor is the only
current Retired
Associate Justice
Printz v. United States (1997)
• 5-4 decision
• Scalia wrote
majority opinion
• Dissenters: Stevens,
Souter, Ginsburg,
Breyer
Reno v. Condon (2000)
• Unanimous
• Chief Justice
Rehnquist wrote the
opinion of the Court