Eco. Regulation-II

Eco. Regulation-II - Conflicting Stances on Federal Power...

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Unformatted text preview: Conflicting Stances on Federal Power Several laws were passed by Congress in 1990s Several laws were passed by attempting to advance federal power Americans With Disabilities Act (1990) GunFree School Zones Act (1990) Brady Handgun Violence Prevention Act (1993) Violence Against Women Act (1994) Rehnquist Court began in the 1990s to limit effect of these laws Economic Regulation under the Rehnquist Court Dealt with GunFree School Zones Act (1990) United States v. Lopez (1995) Is law a valid exercise of federal commerce authority? CJ Rehnquist NO (54) Great expansion of commerce power, but that power "is subject to outer limits." "Possession of a handgun in a local school zone is in no sense ...interstate commerce." Nevada Dept. of Human Resources v. Hibbs (2003) Family and Medical Leave Act (1993) requires businesses to allow up to 12 wks. unpaid leave for employees to care for children or sick parents. Hibbs worked for state, was on leave to care for wife; was dismissed after failing to return to work; he sued, claiming discrimination under FMLA. May State Employees recover monetary damages in federal court if state fails to comply with FMLA? CJ Rehnquist YES (63) Congress had substantial evidence of gender discrimination concerning leave benefits by states. When it passed FMLA, Congress clearly intended to override state immunity of 11th Amendment. Classifications that distinguish between male & female are subject to heightened scrutiny. What about Controlled Substances Act (1970)? Federal regulation of a large category of recreational and dangerous drugs CA passed in 1996 the California Compassionate Use Act; similar to law in 9 states Gonzalez v. Raich (2005) Does fed. law supercede state law? Yes (63) Federal power to regulate interstate markets includes local cultivation/marketing of marijuana Gonzalez v. Oregon (2006) Does Controlled Substances Act allow Atty. General to prohibit doctors from prescribing drugs for use in doctorassisted suicide? NO Kennedy (63) Law is silent on medical practice; defers to state's police power to regulate medical practice Court deferred to Oregon's "Death With Dignity Act" Supreme Court and Congress: Constitutional CounterRevolution? 19371990s: expansion of national power General Welfare clause Commerce Clause Taxing and Spending Powers Equal Protection Clause Rehnquist Court: contraction of federal power Lopez and Garrett rulings: return of "dual federalism"? Hibbs ruling may be an exception Post 9/11 era national power in re. to nat'l. security Roberts Court may reinforce this trend but allow more state prerogatives in other DOMESTIC areas of law ...
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This note was uploaded on 04/15/2008 for the course PSC 2302 taught by Professor Dr.riley during the Spring '08 term at Baylor.

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