NATIONAL
SUPREMACY
• Facts of the Case:
• Associations of companies that create, publish, distribute, sell
and/or rent video games brought a declaratory judgment action
against the state of California in a California federal district
court. The plaintiffs brought the claim under the First and
Fourteenth Amendments seeking to invalidate a newly- enacted
law that imposed restrictions and labeling requirements on the
sale or rental of "violent video games" to minors.
• The district court found in favor of the plaintiffs and prevented
the enforcement of the law.
• On appeal, the U.S. Court of Appeals for the Ninth Circuit
affirmed, holding that: (1) violent video games did not constitute
"obscenity" under the First Amendment, (2) the state did not not
have a compelling in interest in preventing psychological or
neurological harm to minors allegedly caused by video games,
and (3) even if the state had a compelling interest, the law was
not narrowly tailored enough to meet that objective.
Supremacy Clause
• Article VI, Paragraph 2
• Federal GOV trumps state Gov,
and states cannot make laws to
counter national law.
McCulloch v. Maryland
• National Banks were creating
competition with state banks.
• Maryland starting taxing a branch of the
national bank.
• Cashier, McCulloch, refused to pay the
tax.
• State courts decided in favor of Maryland,
it went to the Supreme Court on appeal
Strict Constructionists
v.
Loose Constructions
• To read the Constitution strictly
• Or to read it openly
• WHAT DOES NECESSARY AND
PROPER MEAN?
The Supreme Court Decision
• Marshall decided to read the constitution
openly
• Determined that if it was necessary for
the federal government to open a bank,
to carry out its actions, they could.
• Therefore, not allowing the states to tax
the federal GOV.
• McCulloch wins!
GIBBONS v. OGDEN
• Odgen was given the sole job of
running steamboats out of New York
• Gibbons ran boats illegally without the
permission of New York
• Odgen sued Gibbons
• Odgen won in the state courts,
Gibbons appealed to The Supreme
Courts.
SUPREME COURT DECISION
• Defined and broadened the
meaning of commerce.
• Commerce included all
business dealings, such as
steamboat travel.
• Ruled against Ogden, saying
Gibbons had to have the right
to compete.
United States v. Lopez
• Lopez 1990, was charged in violation of
the Gun-Free School Zones act…
• Federal lawyers argued Interstate
Commerce? How?
• Lopez’s lawyers argued criminal statues…
How?
• Who won?