Congressional Legislation

Improved Essays
On analysis of the case it based on the Supreme Court scrutinizing congressional legislation in determining whether it is passed constitutional muster with resulting controversies involving the commerce clause of the United States constitution which played a role in identifying congress commerce scope. The main starting point for the commerce clause jurisprudence is the United States constitution which stated that the congress had power and authority to regulate commerce in1824. In 1988, the interstate regulatory moved to congress for a more perfect union. The first case for the Supreme Court to deal with was the Gibbons versus Ogden in which Chief Justice Marshall held congressional authority over commerce and outline its power. He ensured …show more content…
In light with the constitution, the Supreme Court identified the regulation powers of the congress; the constitution allows the congress to exercise commerce power by regulating commerce in foreign nations and several states and Indian tribes. Chief Justice Marshall defined the nature of commerce power as stated in Gibbons versus Ogden in 1824 defining commerce as an intercourse. It is stated that the congress had power to regulate and protect the instrumentalities of interstate commerce and also had power to regulate activities that substantially relate to and affected interstate …show more content…
The possession of the gun increases the insurance rates which is an interference of economic activity hence based on this the government argued it to be part of the congress power on commerce clause over Lopez case hence wanted the case to be upheld and practiced. The Supreme Court agreed that the congress had broad power to regulate the commerce clause but its power is limited and did not apply to Lopez possession of the gun in school. The Supreme Court argued that the government opinions stated were attenuated. The act did not have a clear link to commercial activity nor did jurisdictional nexus to interstate commerce hence affirm the fifth circuit’s decision regarding it being unconstitutionally. Finally the court ruled out some area of law making it beyond the reach of congressional power and hence worked in favor of Alfonzo Lopez on April 26th of 1995. The one who gave majority opinion to the case in the Supreme Court was the Chief Justice

Related Documents

  • Improved Essays

    Executive Branch Essay

    • 1071 Words
    • 5 Pages

    Since the Judicial Branch have the power to interpret laws, they judge whether or not executive actions are constitutional through the use of judicial review. For example, President Obama issued an executive order on gun control that led to disputes. Some considered this order as unconstitutional because it stands against the basic liberties of the…

    • 1071 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Phases Of Federalism

    • 1216 Words
    • 5 Pages

    United States (1997), the Supreme Court used its discretion to overturn the effect of Brady Handgun Violence Prevention Act. This Act required that the state and law enforcement agencies to conduct checks on prospective gun holders. In this case, the Supreme Court sought to show that the congress did not require approval by the state to make any policies. The congress, however, had a responsibility to assist in the implementation of the federal laws. In several other cases, the court has been used to limit the power of the congress.…

    • 1216 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Government Vs Constitution

    • 1410 Words
    • 6 Pages

    1. According to the excerpts from Marshall 's ruling in Reading 9.1.1 and from Federalist No. 78 in Reading 9.1.2, if the Constitution says one thing and a law passed by Congress says another, the Constitution must give way. In the excerpt from Marbury v. Madison, 5 U.S. 137 (1803), the author argues that the powers of the legislature are “defined and limited”. Acts of Congress that conflict with the Constitution are not law, and the Courts are bound to give way to the Constitution.…

    • 1410 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Interstate commerce encompasses any work involving or related to the movement of persons or materials across state lines or from foreign countries. The parameters of the policy were tested in the Supreme Court case of Gibbons v. Ogden, decided by John Marshall in 1824. Chief Justice Marshall was a strong supporter of national power and took advantage of the concept of strict constructionism to create a broad interpretation of Congress’s power to regulate commerce. The Commerce Clause interpretation made by Marshall in 1824 empowered Congress to gain jurisdiction over numerous aspects of intrastate and interstate commerce as well as non-commerce Gibbons operated a steamboat between a New Jersey port and New…

    • 744 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Additionally, it imposes taxes on those who knowingly disregard the act. We the court also find that the defense has created a new law entirely. Congress must point to a specific grant of power in the Constitution to grant them the ability to create laws. Like in NFIB v. Sebelius, Justice Scalia and the joint dissenters all agreed that when Congress’ defense created a new justification for the Individual Mandate as a proposed taxation instead of Commerce as stated in the Affordable Care Act ultimately created a new act than the one that passed both Houses of Congress and the President’s desk. Same for the newly created justification in the PLAY for that passed both Houses…

    • 1059 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Justice Marshall's ruling interpreted the Constitution to mean that the Supreme Court had the power of judicial review. The Court had the right to review acts of Congress and the actions of the President. If a law was found unconstitutional, the court could overrule it. Marshall wrote, “It is emphatically the province and duty of the judicial department to say what the law is.” He argued the constitution is the Supreme law of the land and it has the final say over the meaning of the…

    • 571 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Marbury v. Madison was a benchmark United States Supreme court case in which the court formed the foundation for the exercise of Judicial review under Article 3 of the US constitution. The landmark decision of this case, defined the boundaries between the Executive and Judicial branches of the US government. Case Summary The case started with the petition filed to the supreme Court on February 11, 1803 by William Marbury. William Marbury had been appointed justice of Peace in the district of Columbia by the president John Adams but whose commission was not later delivered. Marbury petitioned the Supreme court to force the new secretary of State, James Madison, to deliver the remaining documents.…

    • 1021 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    These in their origin were effective against the federal government alone. If the Fourteenth Amendment has absorbed them, the process of absorption has had its source in the belief that neither liberty nor justice would exist if they were sacrificed….” 4. What constitutional principles does he use to resolve Palko’s claim? Answer – The double jeopardy prohibition provision included in the Fifth Amendment is not applicable to the states through the Fourteenth Amendment. 5.…

    • 1059 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Notwithstanding, the Courts are very much reserved in terms of dealing with Congress. More particularly, the landmark case Marbury v. Madison (U.S. Supreme Court, 1803), essentially formed the basis for judicial review under Article III of the Constitution. In Marbury, William Marbury petitioned the Supreme Court to require the newly appointed Secretary of State, James Madison, to deliver his commission as a justice of the peace position in the District of Colombia. The constitutional issue before the Court was whether Congress could expand the original juridiction of the Supreme Court. Ultimately, in an unaminous (4-0) decision, the Court decided that although Marbury had a right to his commission, the Court did not have the authority to compel Madison to deliver the same.…

    • 1033 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court favored Hamilton’s view in the case of McCulloch v. Maryland for the National Bank. Chief Justice John Marshall, Judge of McCulloch v. Maryland, warned that this could undermined the enumerated powers. This could be prevented with the insertion of a new provision to Article 1, Section 8, Clause 17. This provision should state, “Congress must state in each bill it passes the Article, Section, and Clause of the Constitution to which the bill relates.” The Constitution of the United States of America gives Congress many powers,…

    • 803 Words
    • 4 Pages
    Improved Essays