morrison
et
argued
january
decided
may
petitioner
brzonkala
filed
suit
alleging
inter
alia
raped
respondents
three
students
virginia
polytechnic
institute
attack
violated
provides
federal
civil
remedy
victims
violence
respondents
moved
dismiss
grounds
complaint
failed
state
claim
civil
remedy
unconstitutional
petitioner
intervened
defend
section
constitutionality
dismissing
complaint
district
held
stated
claim
respondents
congress
lacked
authority
enact
either
commerce
clause
fourteenth
amendment
congress
explicitly
identified
sources
federal
authority
en
banc
fourth
circuit
affirmed
held
section
sustained
commerce
clause
fourteenth
amendment
pp
commerce
clause
provide
congress
authority
enact
federal
civil
remedy
congressional
enactment
invalidated
upon
plain
showing
congress
exceeded
constitutional
bounds
see
lopez
petitioners
assert
sustained
congress
commerce
power
regulation
activity
substantially
affects
interstate
commerce
proper
framework
analyzing
claim
provided
principles
set
lopez
first
lopez
noneconomic
criminal
nature
possessing
firearm
school
zone
central
conclusion
congress
lacks
authority
regulate
possession
similarly
crimes
violence
sense
economic
activity
second
like
statute
issue
lopez
contains
jurisdictional
element
establishing
federal
cause
action
pursuance
congress
regulation
interstate
commerce
although
lopez
makes
clear
jurisdictional
element
lend
support
argument
sufficiently
tied
interstate
commerce
come
within
congress
authority
congress
elected
cast
remedy
wider
purely
intrastate
body
violent
crime
third
although
unlike
lopez
statute
supported
numerous
findings
regarding
serious
impact
violence
victims
families
findings
substantially
weakened
fact
rely
reasoning
rejected
namely
causal
chain
initial
occurrence
violent
crime
every
attenuated
effect
upon
interstate
commerce
accepted
reasoning
allow
congress
regulate
crime
whose
nationwide
aggregated
impact
substantial
effects
employment
production
transit
consumption
moreover
reasoning
limit
congress
regulating
violence
may
applied
equally
well
family
law
areas
state
regulation
since
aggregate
effect
marriage
divorce
childrearing
national
economy
undoubtedly
significant
constitution
requires
distinction
truly
national
truly
local
better
example
police
power
founders
undeniably
left
reposed
denied
central
government
suppression
violent
crime
vindication
victims
congress
therefore
may
regulate
noneconomic
violent
criminal
conduct
based
solely
conduct
aggregate
effect
interstate
commerce
pp
section
fourteenth
amendment
permits
congress
enforce
appropriate
legislation
constitutional
guarantee
state
shall
deprive
person
life
liberty
property
without
due
process
deny
person
equal
protection
laws
city
boerne
flores
also
give
congress
authority
enact
petitioners
assertion
pervasive
bias
various
state
justice
systems
victims
violence
supported
voluminous
congressional
record
however
fourteenth
amendment
places
limitations
manner
congress
may
attack
discriminatory
conduct
foremost
among
principle
amendment
prohibits
state
action
private
conduct
conclusion
reached
harris
civil
rights
cases
decided
shortly
amendment
adoption
force
doctrine
stare
decisis
behind
decisions
stems
length
time
books
also
insight
attributable
members
time
intimate
knowledge
familiarity
events
surrounding
amendment
adoption
neither
guest
district
columbia
carter
casts
doubt
enduring
vitality
civil
rights
cases
harris
assuming
disparate
treatment
state
authorities
case
enough
save
civil
remedy
directed
state
state
actor
individuals
committed
criminal
acts
motivated
gender
bias
section
visits
consequence
virginia
public
official
involved
investigating
prosecuting
brzonkala
assault
thus
unlike
remedies
previously
upheld
see
south
carolina
katzenbach
section
also
different
previously
upheld
remedies
applies
uniformly
throughout
nation
even
though
congress
findings
indicate
problem
addressed
exist
even
contrast
remedy
katzenbach
directed
congress
found
discrimination
pp
affirmed
rehnquist
delivered
opinion
scalia
kennedy
thomas
joined
thomas
filed
concurring
opinion
souter
filed
dissenting
opinion
stevens
ginsburg
breyer
joined
breyer
filed
dissenting
opinion
stevens
joined
souter
ginsburg
joined
part
petitioner
antonio
morrison
et
al
christy
brzonkala
petitioner
antonio
morrison
et
al
writs
certiorari
appeals
fourth
circuit
may
chief
justice
rehnquist
delivered
opinion
cases
consider
constitutionality
provides
federal
civil
remedy
victims
violence
appeals
fourth
circuit
sitting
en
banc
struck
concluded
congress
lacked
constitutional
authority
enact
section
civil
remedy
believing
cases
controlled
decisions
lopez
harris
civil
rights
cases
affirm
petitioner
christy
brzonkala
enrolled
virginia
polytechnic
institute
virginia
tech
fall
september
year
brzonkala
met
respondents
antonio
morrison
james
crawford
students
virginia
tech
members
varsity
football
team
brzonkala
alleges
within
minutes
meeting
morrison
crawford
assaulted
repeatedly
raped
attack
morrison
allegedly
told
brzonkala
better
diseases
complaint
months
following
rape
morrison
also
allegedly
announced
dormitory
dining
room
like
get
girls
drunk
omitted
portions
quoted
verbatim
briefs
file
consist
boasting
debased
remarks
morrison
women
vulgar
remarks
fail
shock
offend
brzonkala
alleges
attack
caused
become
severely
emotionally
disturbed
depressed
sought
assistance
university
psychiatrist
prescribed
antidepressant
medication
shortly
rape
brzonkala
stopped
attending
classes
withdrew
university
early
brzonkala
filed
complaint
respondents
virginia
tech
sexual
assault
policy
hearing
complaint
morrison
admitted
sexual
contact
despite
fact
twice
told
hearing
virginia
tech
judicial
committee
found
insufficient
evidence
punish
crawford
found
morrison
guilty
sexual
assault
sentenced
immediate
suspension
two
semesters
virginia
tech
dean
students
upheld
judicial
committee
sentence
however
july
virginia
tech
informed
brzonkala
morrison
intended
initiate
challenge
conviction
sexual
assault
policy
university
officials
told
second
hearing
necessary
remedy
school
error
prosecuting
complaint
policy
widely
circulated
students
university
therefore
conducted
second
hearing
abusive
conduct
policy
force
prior
dissemination
sexual
assault
policy
following
second
hearing
judicial
committee
found
morrison
guilty
sentenced
identical
suspension
time
however
description
morrison
offense
without
explanation
changed
sexual
assault
using
abusive
language
morrison
appealed
second
conviction
university
administrative
system
august
virginia
tech
senior
vice
president
provost
set
aside
morrison
punishment
concluded
excessive
compared
cases
finding
violation
abusive
conduct
policy
virginia
tech
inform
brzonkala
decision
learning
newspaper
morrison
returning
virginia
tech
fall
semester
dropped
university
december
brzonkala
sued
morrison
crawford
virginia
tech
district
western
district
virginia
complaint
alleged
morrison
crawford
attack
violated
virginia
tech
handling
complaint
violated
title
ix
education
amendments
stat
morrison
crawford
moved
dismiss
complaint
grounds
failed
state
claim
civil
remedy
unconstitutional
petitioner
intervened
defend
constitutionality
district
dismissed
brzonkala
title
ix
claims
virginia
tech
failure
state
claim
upon
relief
granted
see
brzonkala
virginia
polytechnic
state
supp
wd
held
brzonkala
complaint
stated
claim
morrison
crawford
dismissed
complaint
concluded
congress
lacked
authority
enact
section
either
commerce
clause
fourteenth
amendment
brzonkala
virginia
polytechnic
state
supp
wd
divided
panel
appeals
reversed
district
reinstating
brzonkala
claim
title
ix
hostile
environment
brzonkala
virginia
polytechnic
state
full
appeals
vacated
panel
opinion
reheard
case
en
banc
en
banc
issued
opinion
affirming
district
conclusion
brzonkala
stated
claim
complaint
alleged
crime
violence
allegations
morrison
crude
derogatory
statements
regarding
treatment
women
sufficiently
indicated
crime
motivated
gender
nevertheless
divided
vote
affirmed
district
conclusion
congress
lacked
constitutional
authority
enact
civil
remedy
brzonkala
virginia
polytechnic
state
appeals
invalidated
federal
statute
constitutional
grounds
granted
certiorari
section
part
violence
women
act
stat
persons
within
shall
right
free
crimes
violence
motivated
gender
enforce
right
subsection
declares
person
including
person
acts
color
statute
ordinance
regulation
custom
usage
state
commits
crime
violence
motivated
gender
thus
deprives
another
right
declared
subsection
section
shall
liable
party
injured
action
recovery
compensatory
punitive
damages
injunctive
declaratory
relief
relief
may
deem
appropriate
section
defines
crim
violence
motivated
gender
crime
violence
committed
gender
basis
gender
due
least
part
animus
based
victim
gender
also
provides
term
crime
violence
includes
act
series
acts
constitute
felony
person
constitute
felony
property
conduct
presents
serious
risk
physical
injury
another
come
within
meaning
state
federal
offenses
described
section
title
whether
acts
actually
resulted
criminal
charges
prosecution
conviction
whether
acts
committed
special
maritime
territorial
prison
jurisdiction
includes
act
series
acts
constitute
felony
described
subparagraph
relationship
person
takes
action
individual
action
taken
clarifying
broad
scope
civil
remedy
subsection
othing
section
requires
prior
criminal
complaint
prosecution
conviction
establish
elements
cause
action
subsection
section
subsection
provides
litigant
choice
forums
federal
state
courts
shall
concurrent
jurisdiction
complaints
brought
section
although
foregoing
language
covers
wide
swath
criminal
conduct
congress
placed
limitations
section
federal
civil
remedy
subsection
othing
section
entitles
person
cause
action
subsection
section
random
acts
violence
unrelated
gender
acts
demonstrated
preponderance
evidence
motivated
gender
subsection
shall
construed
confer
courts
jurisdiction
state
law
claim
seeking
establishment
divorce
alimony
equitable
distribution
marital
property
child
custody
decree
every
law
enacted
congress
must
based
one
powers
enumerated
constitution
powers
legislature
defined
limited
limits
may
mistaken
forgotten
constitution
written
marbury
madison
cranch
marshall
congress
explicitly
identified
sources
federal
authority
relied
enacting
said
federal
civil
rights
cause
action
established
ursuant
affirmative
power
congress
section
fourteenth
amendment
constitution
well
section
article
constitution
address
congress
authority
enact
remedy
constitutional
provisions
turn
ii
due
respect
decisions
coordinate
branch
government
demands
invalidate
congressional
enactment
upon
plain
showing
congress
exceeded
constitutional
bounds
see
lopez
kennedy
concurring
harris
presumption
constitutionality
mind
turn
question
whether
falls
within
congress
power
article
constitution
brzonkala
rely
upon
third
clause
article
gives
congress
power
regulate
commerce
foreign
nations
among
several
indian
tribes
discussed
length
lopez
interpretation
commerce
clause
changed
nation
developed
see
lopez
congress
considerably
greater
latitude
regulating
conduct
transactions
commerce
clause
previous
case
law
permitted
see
lopez
kennedy
concurring
lopez
emphasized
however
even
modern
expansive
interpretation
commerce
clause
congress
regulatory
authority
without
effective
bounds
ven
precedents
expanded
congressional
power
commerce
clause
confirm
power
subject
outer
limits
jones
laughlin
steel
warned
scope
interstate
commerce
power
must
considered
light
dual
system
government
may
extended
embrace
effects
upon
interstate
commerce
indirect
remote
embrace
view
complex
society
effectually
obliterate
distinction
national
local
create
completely
centralized
government
quoting
jones
laughlin
steel
supra
observed
lopez
modern
commerce
clause
jurisprudence
identified
three
broad
categories
activity
congress
may
regulate
commerce
power
perez
first
congress
may
regulate
use
channels
interstate
commerce
darby
second
congress
empowered
regulate
protect
instrumentalities
interstate
commerce
persons
things
interstate
commerce
even
though
threat
may
come
intrastate
activities
southern
perez
supra
finally
congress
commerce
authority
includes
power
regulate
activities
substantial
relation
interstate
commerce
activities
substantially
affect
interstate
commerce
citing
jones
laughlin
steel
supra
petitioners
contend
cases
fall
within
either
first
two
categories
commerce
clause
regulation
seek
sustain
regulation
activity
substantially
affects
interstate
commerce
given
focus
violence
wherever
occurs
rather
violence
directed
instrumentalities
interstate
commerce
interstate
markets
things
persons
interstate
commerce
agree
proper
inquiry
since
lopez
recently
canvassed
clarified
case
law
governing
third
category
commerce
clause
regulation
provides
proper
framework
conducting
required
analysis
lopez
held
school
zones
act
made
federal
crime
knowingly
possess
firearm
school
zone
exceeded
congress
authority
commerce
clause
see
several
significant
considerations
contributed
decision
first
observed
criminal
statute
terms
nothing
commerce
sort
economic
enterprise
however
broadly
one
might
define
terms
reviewing
case
law
noted
upheld
wide
variety
congressional
acts
regulating
intrastate
economic
activity
concluded
activity
substantially
affected
interstate
commerce
although
cited
examples
including
wickard
filburn
hodel
supra
perez
supra
katzenbach
mcclung
heart
atlanta
motel
supra
stated
pattern
analysis
clear
lopez
economic
activity
substantially
affects
interstate
commerce
legislation
regulating
activity
sustained
petitioners
justice
souter
dissent
downplay
role
economic
nature
regulated
activity
plays
commerce
clause
analysis
fair
reading
lopez
shows
noneconomic
criminal
nature
conduct
issue
central
decision
case
see
act
regulat
commercial
activity
even
wickard
perhaps
far
reaching
example
commerce
clause
authority
intrastate
activity
involved
economic
activity
way
possession
gun
school
zone
section
essential
part
larger
regulation
economic
activity
admittedly
determination
whether
intrastate
activity
commercial
noncommercial
may
cases
result
legal
uncertainty
long
congress
authority
limited
powers
enumerated
constitution
long
enumerated
powers
interpreted
judicially
enforceable
outer
limits
congressional
legislation
commerce
clause
always
engender
legal
possession
gun
local
school
zone
sense
economic
activity
might
repetition
elsewhere
substantially
affect
sort
interstate
commerce
see
also
kennedy
concurring
stating
lopez
alter
practical
conception
commercial
regulation
congress
may
regulate
commercial
sphere
assumption
single
market
fied
purpose
build
stable
national
economy
federal
government
take
ion
entire
areas
traditional
state
concern
areas
nothing
regulation
commercial
activities
boundaries
spheres
federal
state
authority
blur
nlike
earlier
cases
come
neither
actors
conduct
commercial
character
neither
purposes
design
statute
evident
commercial
nexus
statute
makes
simple
sion
gun
within
feet
grounds
school
criminal
offense
sense
conduct
interdependent
world
ultimate
commercial
origin
consequence
yet
said
commerce
power
may
reach
far
citation
omitted
lopez
view
commerce
clause
case
law
demonstrates
cases
sustained
federal
regulation
intrastate
activity
based
upon
activity
substantial
effects
interstate
commerce
activity
question
sort
economic
endeavor
see
second
consideration
found
important
analyzing
statute
contained
express
jurisdictional
element
might
limit
reach
discrete
set
firearm
possessions
additionally
explicit
connection
effect
interstate
commerce
jurisdictional
element
may
establish
enactment
pursuance
congress
regulation
interstate
commerce
third
noted
neither
legislative
history
contain
express
congressional
findings
regarding
effects
upon
interstate
commerce
gun
possession
school
zone
ibid
quoting
brief
pp
congress
normally
required
make
formal
findings
substantial
burdens
activity
interstate
commerce
citing
mcclung
perez
existence
findings
may
enable
us
evaluate
legislative
judgment
activity
question
substantially
affect
interstate
commerce
even
though
substantial
effect
visible
naked
eye
finally
decision
lopez
rested
part
fact
link
gun
possession
substantial
effect
interstate
commerce
attenuated
argued
possession
guns
may
lead
violent
crime
violent
crime
expected
affect
functioning
national
economy
two
ways
first
costs
violent
crime
substantial
mechanism
insurance
costs
spread
throughout
population
second
violent
crime
reduces
willingness
individuals
travel
areas
within
country
perceived
unsafe
citation
omitted
government
also
argued
presence
guns
schools
poses
threat
educational
process
turn
threatens
produce
less
efficient
productive
workforce
negatively
affect
national
productivity
thus
interstate
commerce
ibid
rejected
costs
crime
national
productivity
arguments
permit
congress
regulate
violent
crime
activities
might
lead
violent
crime
regardless
tenuously
relate
interstate
commerce
noted
reasoning
congress
regulate
activity
found
related
economic
productivity
individual
citizens
family
law
including
marriage
divorce
child
custody
example
se
theories
difficult
perceive
limitation
federal
power
even
areas
criminal
law
enforcement
education
historically
sovereign
thus
accept
government
arguments
hard
pressed
posit
activity
individual
congress
without
power
regulate
ibid
principles
underlying
commerce
clause
jurisprudence
reference
points
proper
resolution
present
cases
clear
crimes
violence
sense
phrase
economic
activity
need
adopt
categorical
rule
aggregating
effects
noneconomic
activity
order
decide
cases
thus
far
nation
history
cases
upheld
commerce
clause
regulation
intrastate
activity
activity
economic
nature
see
cases
cited
therein
like
school
zones
act
issue
lopez
contains
jurisdictional
element
establishing
federal
cause
action
pursuance
congress
power
regulate
interstate
commerce
although
lopez
makes
clear
jurisdictional
element
lend
support
argument
sufficiently
tied
interstate
commerce
congress
elected
cast
remedy
wider
purely
intrastate
body
violent
contrast
lack
congressional
findings
faced
lopez
supported
numerous
findings
regarding
serious
impact
violence
victims
families
see
conf
existence
congressional
findings
sufficient
sustain
constitutionality
commerce
clause
legislation
stated
lopez
imply
congress
may
conclude
particular
activity
substantially
affects
interstate
commerce
necessarily
make
quoting
hodel
rehnquist
concurring
judgment
rather
hether
particular
operations
affect
interstate
commerce
sufficiently
come
constitutional
power
congress
regulate
ultimately
judicial
rather
legislative
question
settled
finally
quoting
heart
atlanta
motel
black
concurring
cases
congress
findings
substantially
weakened
fact
rely
heavily
method
reasoning
already
rejected
unworkable
maintain
constitution
enumeration
powers
congress
found
violence
affects
interstate
commerce
deterring
potential
victims
traveling
interstate
engaging
employment
interstate
business
transacting
business
places
involved
interstate
commerce
diminishing
national
productivity
increasing
medical
costs
decreasing
supply
demand
interstate
products
conf
accord
given
findings
petitioners
arguments
concern
expressed
lopez
congress
might
use
commerce
clause
completely
obliterate
constitution
distinction
national
local
authority
seems
well
founded
see
lopez
supra
reasoning
petitioners
advance
seeks
follow
causal
chain
initial
occurrence
violent
crime
suppression
always
prime
object
police
power
every
attenuated
effect
upon
interstate
commerce
accepted
petitioners
reasoning
allow
congress
regulate
crime
long
nationwide
aggregated
impact
crime
substantial
effects
employment
production
transit
consumption
indeed
congress
may
regulate
violence
able
regulate
murder
type
violence
since
violence
subset
violent
crime
certain
lesser
economic
impacts
larger
class
part
petitioners
reasoning
moreover
limit
congress
regulating
violence
may
suggested
lopez
applied
equally
well
family
law
areas
traditional
state
regulation
since
aggregate
effect
marriage
divorce
childrearing
national
omy
undoubtedly
significant
congress
may
recognized
specter
expressly
precluded
used
family
law
see
written
constitution
however
limitation
congressional
authority
solely
matter
legislative
see
lopez
supra
kennedy
concurring
marbury
cranch
accordingly
reject
argument
congress
may
regulate
noneconomic
violent
criminal
conduct
based
solely
conduct
aggregate
effect
interstate
commerce
constitution
requires
distinction
truly
national
truly
local
lopez
citing
jones
laughlin
steel
recognizing
fact
preserve
one
principles
consistent
since
clause
adopted
regulation
punishment
intrastate
violence
directed
instrumentalities
channels
goods
involved
interstate
commerce
always
province
see
cohens
virginia
wheat
marshall
stating
congress
general
right
punish
murder
committed
within
clear
congress
punish
felonies
generally
indeed
think
better
example
police
power
founders
denied
national
government
reposed
suppression
violent
crime
vindication
see
lopez
constitution
withhold
congress
plenary
police
power
thomas
concurring
always
rejected
readings
commerce
clause
scope
federal
power
permit
congress
exercise
police
power
noting
first
congresses
enact
nationwide
punishments
criminal
conduct
commerce
clause
iii
conclude
commerce
clause
provide
congress
authority
enact
address
petitioners
alternative
argument
section
civil
remedy
upheld
exercise
congress
remedial
power
fourteenth
amendment
noted
congress
expressly
invoked
fourteenth
amendment
source
authority
enact
principles
governing
analysis
congressional
legislation
well
settled
section
congress
may
enforce
appropriate
legislation
constitutional
guarantee
state
shall
deprive
person
life
liberty
property
without
due
process
law
deny
person
equal
protection
laws
city
boerne
flores
section
positive
grant
legislative
power
katzenbach
morgan
includes
authority
prohibit
conduct
unconstitutional
intrud
legislative
spheres
autonomy
previously
reserved
flores
supra
quoting
fitzpatrick
bitzer
see
also
kimel
florida
bd
regents
slip
however
broad
congressional
enforcement
power
unlimited
oregon
mitchell
see
also
kimel
supra
slip
fact
discuss
detail
several
limitations
inherent
text
constitutional
context
recognized
since
fourteenth
amendment
adopted
petitioners
argument
founded
assertion
pervasive
bias
various
state
justice
systems
victims
violence
assertion
supported
voluminous
congressional
record
specifically
congress
received
evidence
many
participants
state
justice
systems
perpetuating
array
erroneous
stereotypes
assumptions
congress
concluded
discriminatory
stereotypes
often
result
insufficient
investigation
prosecution
crime
inappropriate
focus
behavior
credibility
victims
crime
unacceptably
lenient
punishments
actually
convicted
violence
see
conf
petitioners
contend
bias
denies
victims
violence
equal
protection
laws
congress
therefore
acted
appropriately
enacting
private
civil
remedy
perpetrators
violence
remedy
bias
deter
future
instances
discrimination
state
courts
cases
established
gender
discrimination
violates
equal
protection
unless
serves
important
governmental
objectives
discriminatory
means
employed
substantially
related
achievement
objectives
virginia
quoting
mississippi
univ
women
hogan
turn
quoting
wengler
druggists
mut
ins
see
also
craig
boren
however
language
purpose
fourteenth
amendment
place
certain
limitations
manner
congress
may
attack
discriminatory
conduct
limitations
necessary
prevent
fourteenth
amendment
obliterating
framers
carefully
crafted
balance
power
national
government
see
flores
supra
reviewing
history
fourteenth
amendment
enactment
discussing
contemporary
belief
amendment
concentrate
power
general
government
purpose
police
government
within
quoting
cooley
constitutional
limitations
ed
foremost
among
limitations
principle
fourteenth
amendment
terms
prohibits
state
action
principle
become
firmly
embedded
constitutional
law
action
inhibited
first
section
fourteenth
amendment
action
may
fairly
said
amendment
erects
shield
merely
private
conduct
however
discriminatory
wrongful
shelley
kraemer
shortly
fourteenth
amendment
adopted
decided
two
cases
interpreting
amendment
provisions
harris
civil
rights
cases
harris
considered
challenge
civil
rights
act
section
sought
punish
private
persons
conspiring
deprive
one
equal
protection
laws
enacted
state
provisions
fourteenth
amendment
reference
state
action
exclusively
action
private
individuals
harris
supra
misquotation
harris
reached
similar
conclusion
civil
rights
cases
consolidated
cases
held
public
accommodation
provisions
civil
rights
act
applied
purely
private
conduct
beyond
scope
enforcement
power
settled
early
fourteenth
amendment
give
congress
general
power
prohibit
discrimination
public
accommodations
lugar
edmondson
oil
careful
adherence
state
action
requirement
preserves
area
individual
freedom
limiting
reach
federal
law
federal
judicial
power
blum
yaretsky
moose
lodge
irvis
adickes
kress
cruikshank
fourteenth
amendment
prohibits
state
depriving
person
life
liberty
property
without
due
process
law
adds
nothing
rights
one
citizen
another
simply
furnishes
additional
guaranty
encroachment
upon
fundamental
rights
belong
every
citizen
member
society
force
doctrine
stare
decisis
behind
decisions
stems
length
time
books
also
insight
attributable
members
time
every
member
appointed
president
lincoln
grant
hayes
garfield
arthur
judicial
appointees
obviously
intimate
knowledge
familiarity
events
surrounding
adoption
fourteenth
amendment
petitioners
contend
two
recent
decisions
effect
overruled
longstanding
limitation
congress
authority
rely
guest
proposition
rule
laid
civil
rights
cases
longer
good
law
guest
reversed
construction
indictment
saying
course
opinion
deal
issues
statutory
construction
issues
constitutional
power
three
members
separate
opinion
justice
brennan
expressed
view
civil
rights
cases
wrongly
decided
congress
prohibit
actions
private
individuals
opinion
concurring
part
dissenting
part
three
members
joined
opinion
joined
separate
opinion
justice
clark
two
three
sentences
stated
conclusion
congress
punis
conspiracies
without
state
action
interfere
fourteenth
amendment
rights
concurring
opinion
justice
harlan
another
separate
opinion
commented
respect
statement
justices
action
three
justices
joined
opinion
nonetheless
cursorily
pronouncing
constitutional
questions
deliberately
reached
part
ii
seems
say
least
extraordinary
opinion
concurring
part
dissenting
part
though
three
justices
saw
fit
opine
matters
guest
occasion
revisit
civil
rights
cases
harris
determined
indictment
charging
private
individuals
conspiring
deprive
blacks
equal
access
state
facilities
fact
contain
ed
express
allegation
state
involvement
concluded
implicit
allegation
active
connivance
agents
state
eliminated
need
decide
threshold
level
state
action
must
attain
order
create
rights
equal
protection
clause
ibid
justice
clark
explicitly
acknowledged
see
concurring
opinion
interpretation
indictment
clearly
avoids
question
whether
congress
appropriate
legislation
power
punish
private
conspiracies
interfere
fourteenth
amendment
rights
right
utilize
public
facilities
accept
petitioners
argument
moreover
one
must
add
three
justices
joining
justice
brennan
reasoned
explanation
belief
civil
rights
cases
wrongly
decided
three
justices
joining
justice
clark
opinion
gave
explanation
whatever
similar
view
simply
way
reasoned
constitutional
adjudication
proceeds
accordingly
hesitation
saying
take
naked
dicta
contained
justice
clark
opinion
added
justice
brennan
opinion
cast
doubt
upon
enduring
vitality
civil
rights
cases
harris
petitioners
also
rely
district
columbia
carter
carter
case
addressing
question
whether
district
columbia
state
within
meaning
rev
stat
section
terms
requires
state
action
may
employed
opinion
recites
litany
respecting
guest
petitioners
rely
litany
course
entirely
dicta
event
rise
source
believe
description
power
contained
civil
rights
cases
correct
subject
submitted
general
legislative
power
congress
submitted
thereto
purpose
rendering
effective
prohibition
particular
tate
legislation
tate
action
reference
subject
power
given
limited
object
legislation
congress
matter
must
necessarily
corrective
character
adapted
counteract
redress
operation
prohibited
state
laws
proceedings
tate
officers
petitioners
alternatively
argue
unlike
situation
civil
rights
cases
disparate
treatment
state
authorities
whereas
cases
indication
state
action
abundant
evidence
however
show
congresses
enacted
civil
rights
acts
purpose
similar
congress
enacting
state
laws
books
bespeaking
equality
treatment
administration
laws
discrimination
newly
freed
slaves
statement
representative
garfield
house
senator
sumner
senate
representative
chief
complaint
laws
state
unequal
even
laws
equal
face
yet
systematic
maladministration
neglect
refusal
enforce
provisions
portion
people
denied
equal
protection
cong
globe
app
statement
garfield
legislature
south
carolina
passed
law
giving
precisely
rights
contained
supplementary
civil
rights
bill
law
remains
dead
letter
state
courts
comprised
largely
senator
wishes
obtain
amnesty
refuse
enforce
cong
globe
statement
sumner
see
also
cong
globe
statement
osborn
statement
coburn
app
statement
perry
cong
rec
statement
butler
cong
rec
statement
lynch
even
distinction
valid
believe
save
civil
remedy
remedy
simply
corrective
character
adapted
counteract
redress
operation
prohibited
tate
laws
proceedings
tate
officers
civil
rights
cases
flores
section
aimed
proscribing
discrimination
officials
fourteenth
amendment
might
proscribe
directed
state
state
actor
individuals
committed
criminal
acts
motivated
gender
bias
present
cases
example
visits
consequence
whatever
virginia
public
official
involved
investigating
prosecuting
brzonkala
assault
section
therefore
unlike
remedies
previously
upheld
example
katzenbach
morgan
congress
prohibited
new
york
imposing
literacy
tests
prerequisite
voting
found
requirement
disenfranchised
thousands
puerto
rican
immigrants
educated
spanish
language
home
territory
law
upheld
directed
new
york
officials
administered
state
election
law
prohibited
using
provision
law
south
carolina
katzenbach
congress
imposed
voting
rights
requirements
congress
found
history
discriminating
blacks
voting
remedy
also
directed
state
officials
similarly
ex
parte
virginia
congress
criminally
punished
state
officials
intentionally
discriminated
jury
selection
remedy
directed
culpable
state
official
section
also
different
previously
upheld
remedies
applies
uniformly
throughout
nation
congress
findings
indicate
problem
discrimination
victims
crimes
exist
even
contrast
remedy
upheld
katzenbach
morgan
supra
directed
state
evil
found
congress
existed
south
carolina
katzenbach
supra
remedy
directed
congress
found
discrimination
reasons
conclude
congress
power
extend
enactment
iv
petitioner
brzonkala
complaint
alleges
victim
brutal
assault
congress
effort
provide
federal
civil
remedy
sustained
neither
commerce
clause
fourteenth
amendment
allegations
true
civilized
system
justice
fail
provide
remedy
conduct
respondent
morrison
federal
system
remedy
must
provided
commonwealth
virginia
judgment
appeals
affirmed
petitioner
antonio
morrison
et
al
christy
brzonkala
petitioner
antonio
morrison
et
al
writs
certiorari
appeals
fourth
circuit
may
justice
thomas
concurring
majority
opinion
correctly
applies
decision
lopez
join
full
write
separately
express
view
notion
substantial
effects
test
commerce
clause
inconsistent
original
understanding
congress
powers
early
commerce
clause
cases
continuing
apply
rootless
malleable
standard
however
circumscribed
encouraged
federal
government
persist
view
commerce
clause
virtually
limits
replaces
existing
commerce
clause
jurisprudence
standard
consistent
original
understanding
continue
see
congress
appropriating
state
police
powers
guise
regulating
commerce
petitioner
antonio
morrison
et
al
christy
brzonkala
petitioner
antonio
morrison
et
al
writs
certiorari
appeals
fourth
circuit
may
justice
souter
justice
stevens
justice
ginsburg
justice
breyer
join
dissenting
says
leaves
commerce
clause
precedent
undisturbed
civil
rights
remedy
violence
women
act
exceeds
congress
power
clause
find
claims
irreconcilable
respectfully
cases
remain
least
nominally
undisturbed
stand
following
propositions
congress
power
legislate
regard
activity
aggregate
substantial
effect
interstate
commerce
see
wickard
filburn
hodel
virginia
surface
mining
reclamation
fact
substantial
effect
issue
courts
first
instance
congress
whose
institutional
capacity
gathering
evidence
taking
testimony
far
exceeds
passing
legislation
congress
indicates
conclusion
whether
explicitly
facts
support
exercise
commerce
power
business
courts
review
congressional
assessment
soundness
simply
rationality
concluding
jurisdictional
basis
exists
fact
see
ibid
explicit
findings
congress
chooses
make
though
dispositive
question
rationality
may
advance
judicial
review
identifying
factual
authority
congress
relied
applying
propositions
cases
lead
one
conclusion
one
obvious
difference
lopez
mountain
data
assembled
congress
showing
effects
violence
women
interstate
passage
act
preceded
four
years
included
testimony
physicians
law
professors
survivors
rape
domestic
violence
representatives
state
law
enforcement
private
record
includes
reports
gender
bias
task
forces
benefit
specific
factual
findings
eight
separate
reports
issued
congress
committees
long
course
leading
compare
hodel
noting
extended
hearings
vast
amounts
testimony
documentary
evidence
years
thorough
legislative
consideration
respect
domestic
violence
congress
received
evidence
following
findings
three
four
american
women
victims
violent
crimes
sometime
life
citing
dept
justice
report
nation
crime
justice
ed
violence
leading
cause
injuries
women
ages
citing
surgeon
general
antonia
novello
surgeon
general
public
health
services
jama
many
percent
homeless
women
children
fleeing
domestic
violence
citing
schneider
legal
reform
efforts
battered
women
past
present
future
july
since
assault
rate
women
outstripped
rate
men
least
twice
age
groups
far
others
citing
bureau
justice
statistics
criminal
victimization
table
attering
single
largest
cause
injury
women
quoting
van
hightower
mcmanus
limits
state
constitutional
guarantees
lessons
efforts
implement
domestic
violence
policies
pub
admin
rev
estimated
million
american
women
battered
year
husbands
partners
citing
council
scientific
affairs
american
medical
violence
women
relevance
medical
practitioners
jama
million
women
seek
medical
assistance
year
injuries
sustained
husbands
partners
citing
stark
flitcraft
medical
therapy
repression
case
battered
woman
health
medicine
women
die
every
year
domestic
abuse
citing
schneider
supra
rrest
rates
may
low
every
domestic
assaults
citing
dutton
profiling
wife
assaulters
preliminary
evidence
trimodal
analysis
violence
victims
partial
estimates
show
violent
crime
women
costs
country
least
billion
million
billion
dollars
year
citing
schneider
supra
stimates
suggest
spend
billion
year
health
care
criminal
justice
social
costs
domestic
violence
citing
biden
domestic
violence
crime
quarrel
trial
june
evidence
rape
similarly
extensive
supporting
conclusions
incidence
rape
rose
four
times
fast
total
national
crime
rate
past
years
citing
federal
bureau
investigation
uniform
crime
reports
according
one
study
close
half
million
girls
high
school
raped
graduate
citing
warshaw
never
called
rape
one
hundred
thousand
college
women
expect
raped
year
citing
testimony
mary
koss
senate
judiciary
committee
women
never
go
movies
alone
dark
fear
rape
nearly
percent
use
public
transit
alone
dark
reason
citing
gordon
riger
female
fear
percent
judges
surveyed
believed
juries
give
sexual
assault
victims
less
credibility
crime
victims
citing
colorado
task
force
gender
bias
courts
gender
justice
colorado
courts
less
percent
rape
victims
collected
damages
citing
report
jury
verdict
research
individual
commits
rape
chances
arrested
prosecuted
found
guilty
offense
quoting
feild
bienen
jurors
rape
study
psychology
law
almost
convicted
rapists
never
go
prison
another
quarter
received
sentences
local
jails
average
sentence
months
citing
majority
staff
report
senate
committee
judiciary
response
rape
detours
road
equal
justice
comm
print
lmost
percent
rape
victims
lose
jobs
forced
quit
crime
severity
citing
ellis
atkeson
calhoun
assessment
reaction
rape
abnormal
based
data
thus
partially
summarized
congress
found
crimes
violence
motivated
gender
substantial
adverse
effect
interstate
commerce
deterring
potential
victims
traveling
interstate
engaging
employment
interstate
business
transacting
business
places
involved
interstate
commerce
diminishing
national
productivity
increasing
medical
costs
decreasing
supply
demand
interstate
products
conf
congress
thereby
explicitly
stated
predicate
exercise
commerce
clause
power
conclusion
irrational
view
data
amassed
true
methodology
particular
studies
may
challenged
figures
arrived
may
disputed
sufficiency
evidence
congress
provide
rational
basis
finding
seriously
questioned
cf
turner
broadcasting
system
fcc
constitution
gives
congress
role
weighing
conflicting
evidence
legislative
process
indeed
legislative
record
far
voluminous
record
compiled
congress
found
sufficient
two
prior
cases
upholding
title
ii
civil
rights
act
commerce
clause
challenges
heart
atlanta
motel
katzenbach
mcclung
referred
evidence
showing
consequences
racial
discrimination
motels
restaurants
interstate
commerce
congress
relied
compelling
anecdotal
reports
individual
instances
segregation
cost
thousands
millions
dollars
see
civil
rights
public
accommodations
hearings
senate
committee
commerce
app
pp
congress
also
evidence
average
black
family
spent
substantially
less
average
white
family
income
range
public
accommodations
discrimination
accounted
much
difference
pt
pp
table
ii
additional
views
hon
william
mcculloch
hon
john
lindsay
hon
william
cahill
hon
garner
shriver
hon
clark
macgregor
hon
charles
mcc
mathias
hon
james
bromwell
congress
knowledge
calculate
aggregate
dollar
values
nationwide
effects
racial
discrimination
rely
evidence
harms
caused
domestic
violence
sexual
assault
citing
annual
costs
billion
see
billion
see
equally
important
though
violence
shown
operate
manner
similar
racial
discrimination
reducing
mobility
employees
production
consumption
goods
shipped
interstate
commerce
like
racial
discrimination
violence
bars
likely
targets
women
full
partic
ipation
national
economy
analogy
civil
rights
act
plain
enough
one
always
look
back
bit
wickard
upheld
application
agricultural
adjustment
act
planting
consumption
homegrown
wheat
effect
interstate
commerce
case
followed
possibility
wheat
grown
home
personal
consumption
either
drawn
market
rising
prices
relieve
grower
need
purchase
wheat
market
see
commerce
clause
predicate
simply
effect
production
wheat
home
consumption
supply
demand
interstate
commerce
supply
demand
goods
interstate
commerce
also
affected
deaths
women
annually
hands
domestic
abusers
see
reduction
work
force
rape
victims
lose
jobs
year
forced
quit
see
violence
women
may
found
affect
interstate
commerce
affect
ii
act
passed
muster
time
wickard
lopez
period
law
enjoyed
stable
understanding
congressional
power
commerce
clause
complemented
authority
necessary
proper
clause
art
cl
extended
activity
aggregated
substantial
effect
interstate
commerce
already
noted
understanding
secure
even
turmoil
passage
civil
rights
act
aftermath
reaffirmed
cumulative
effects
rational
basis
features
substantial
effects
test
see
heart
atlanta
supra
mcclung
supra
declined
limit
commerce
power
formal
distinction
legislation
focused
commerce
statutes
addressing
moral
social
wrong
heart
atlanta
supra
fact
act
pass
muster
today
therefore
proof
degree
lopez
nominal
adherence
substantial
effects
test
merely
although
new
jurisprudence
emerged
distinctness
clear
congressional
conclusions
obviously
substantial
cumulative
effects
commerce
assigned
lesser
values
doctrine
assign
devaluations
accomplished
express
repudiation
substantial
effects
test
application
aggregation
individual
conduct
supplanting
rational
basis
scrutiny
new
criterion
review
thus
elusive
heart
majority
analysis
cases
statement
congress
findings
fact
weakened
presence
disfavored
method
reasoning
ante
seems
suggest
substantial
effects
analysis
factual
enquiry
congress
first
instance
subsequent
judicial
review
looking
rationality
congressional
conclusion
one
rather
different
sort
dependent
upon
uniquely
judicial
competence
new
characterization
substantial
effects
support
cases
prophecies
lopez
aside
least
majority
cites
perhaps
explains
majority
content
rest
cited
precedent
claims
textual
justification
moving
toward
new
system
congressional
deference
subject
selective
discounts
thus
purports
rely
sensible
traditional
understanding
listing
constitution
powers
implies
exclusion
others
unmentioned
see
gibbons
ogden
wheat
ante
federalist
cooke
ed
madison
majority
stresses
art
enumerates
powers
congress
including
commerce
power
enumeration
implying
exclusion
powers
enumerated
follows
majority
must
limits
commerce
particular
subjects
arguably
within
commerce
power
identified
advance
excluded
basis
characteristics
commercial
effects
exclusions
come
sight
activity
regulated
commercial
traditionally
addressed
exercise
general
police
power
conferred
state
constitutions
never
extended
congress
constitution
nation
see
lopez
ante
premise
enumeration
powers
implies
powers
withheld
sound
conclusion
particular
categories
subject
matter
therefore
presumptively
beyond
reach
commerce
power
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non
sequitur
fact
art
cl
grants
authority
limited
regulating
commerce
follows
congress
may
claim
authority
section
address
subject
affect
commerce
follow
activity
affecting
commerce
nonetheless
falls
outside
commerce
power
depending
specific
character
activity
authority
state
regulate
along
disagreement
majority
however
confined
logic
history
shown
categorical
exclusions
proven
unworkable
practice
unsupportable
theory
obviously
inconsistent
text
commerce
clause
declare
noncommercial
primary
activity
beyond
presumptively
beyond
scope
commerce
power
variant
categorical
approach
however
sole
textually
permissible
way
defining
scope
commerce
clause
neat
limitation
least
suspect
light
final
sentence
article
authorizing
congress
make
laws
necessary
proper
give
effect
enumerated
powers
commerce
see
darby
power
congress
extends
activities
intrastate
affect
interstate
commerce
exercise
power
congress
make
regulation
appropriate
means
attainment
legitimate
end
exercise
granted
power
congress
regulate
interstate
commerce
accordingly
significant
periods
history
defined
commerce
power
plenary
unsusceptible
categorical
exclusions
view
expressed
throughout
latter
part
century
substantial
effects
test
two
conceptions
commerce
power
plenary
categorically
limited
fact
old
rivals
today
revival
competition
summons
familiar
history
brief
reprise
may
helpful
posing
take
key
question
going
legitimacy
majority
decision
breathe
new
life
approach
categorical
limitation
chief
justice
marshall
seminal
opinion
gibbons
ogden
supra
construed
commerce
power
start
breadth
never
yet
exceeded
wickard
filburn
lottery
case
minnesota
rate
cases
california
darby
heart
atlanta
motel
quoting
katzenbach
mcclung
justice
harlan
spoke
benefit
hindsight
seen
result
rejecting
plenary
view
today
attempt
distinguish
primary
activities
affecting
commerce
terms
relatively
commercial
noncommercial
character
primary
conduct
proscribed
comes
pedigree
outlined
lopez
supra
dissenting
opinion
half
century
following
modern
activation
commerce
power
passage
interstate
commerce
act
time
time
created
categorical
enclaves
beyond
congressional
reach
declaring
activities
mining
production
manufacturing
union
membership
outside
definition
commerce
limiting
application
effects
test
direct
rather
indirect
commercial
consequences
see
knight
narrowly
construing
sherman
antitrust
act
light
distinction
commerce
manufacture
heff
stating
congress
regulate
intrastate
sale
liquor
employers
liability
cases
invalidating
law
governing
tort
liability
common
carriers
operating
interstate
commerce
effects
commerce
indirect
adair
holding
labor
union
membership
fell
outside
commerce
hammer
dagenhart
invalidating
law
prohibiting
interstate
shipment
goods
manufactured
child
labor
regulation
manufacture
schechter
poultry
invalidating
regulation
activities
indirectly
affected
commerce
railroad
retirement
bd
alton
invalidating
pension
law
railroad
workers
grounds
conditions
employment
indirectly
linked
commerce
carter
carter
coal
holding
regulation
unfair
labor
practices
mining
regulated
production
commerce
since
adherence
formalistically
contrived
confines
commerce
power
large
measure
provoked
judicial
crisis
one
might
reasonably
doubted
members
ever
toy
return
days
nlrb
jones
laughlin
steel
brought
earlier
nearly
disastrous
experiment
end
yet
today
decision
seen
step
toward
recapturing
prior
mistakes
revival
distinction
commercial
noncommercial
conduct
odds
wickard
repudiated
analysis
enquiry
commercial
purpose
first
intimated
lopez
concurrence
see
lopez
supra
opinion
kennedy
cousin
analysis
employed
hammer
supra
rejected
commerce
clause
purposes
heart
atlanta
supra
darby
supra
majority
tempted
reject
lesson
painfully
learned
answer
emerges
contrasting
wickard
one
predecessor
cases
superseded
obvious
wickard
growing
wheat
consumption
right
farm
commerce
common
matter
constitutionally
long
aggregated
activity
domestic
wheat
growing
affected
commerce
substantially
years
wickard
however
certainly
less
obvious
mining
practices
substantially
affect
commerce
even
though
carter
coal
supra
held
mining
regulation
beyond
national
commerce
power
try
fathom
difference
two
cases
clear
go
different
directions
carter
coal
understand
causal
connection
wickard
grasp
difference
rather
turned
fact
carter
coal
reason
trying
maintain
categorical
formalistic
distinction
reason
abandoned
time
wickard
decided
reason
economics
point
keep
government
interference
minimum
see
lopez
supra
souter
dissenting
carter
coal
still
trying
create
world
economy
formalistic
commercial
distinctions
thought
useful
instruments
achieving
object
wickard
knew
thing
aftermath
new
deal
long
since
stopped
attempting
impossible
without
animating
economic
theory
point
contriving
formalisms
war
chief
justice
marshall
conception
commerce
power
ask
formalistic
distinction
might
matter
today
rejection
wickard
answer
majority
fails
see
causal
connections
integrated
economic
world
answer
minds
majority
new
animating
theory
makes
categorical
formalism
seem
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conception
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conception
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instrument
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power
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sphere
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autonomy
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refrain
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see
fit
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emphasis
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nature
regulated
activity
turn
logic
serving
text
commerce
clause
realism
majority
view
national
economy
essential
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strength
majority
claim
constitutional
warrant
current
conception
federal
relationship
enforceable
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plenary
commerce
power
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majority
second
categorical
discount
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today
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bearing
substantial
effects
test
finds
relevant
statute
addresses
conduct
traditionally
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state
prohibition
domestic
criminal
law
fact
said
heightened
significance
violent
conduct
question
aimed
directly
interstate
commerce
instrumentalities
ante
history
seems
recycling
theory
traditional
state
concern
grounding
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principle
rejected
previously
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darby
recognition
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doctrine
implied
federal
constitution
two
governments
national
state
exercise
powers
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exercise
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internal
quotation
marks
omitted
held
clear
federal
government
acting
within
delegated
power
may
override
countervailing
state
interests
whether
described
governmental
proprietary
character
ibid
wirtz
later
overruled
national
league
cities
usery
case
repudiated
garcia
san
antonio
metropolitan
transit
authority
held
concept
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governmental
function
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make
sense
multifarious
decisions
placing
functions
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line
effort
carve
inviolable
state
spheres
within
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substantially
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irreconcilable
gibbons
explanation
national
commerce
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mediate
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interests
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government
inevitably
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whereas
today
majority
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judicial
economists
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madison
wilson
marshall
understood
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madison
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conception
national
government
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liberties
madison
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sensed
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politics
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interests
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government
partake
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rights
individual
prerogatives
governments
federalist
james
wilson
likewise
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favorite
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convention
secure
sovereignty
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government
elliot
debates
framers
bill
rights
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madison
wilson
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politics
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balance
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amendment
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supra
politics
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employment
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power
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madison
wilson
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bartlett
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madison
federalist
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women
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judiciary
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congress
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rights
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obscenity
law
redrup
new
york
per
curiam
miller
california
period
failure
provide
workable
definition
left
review
case
ad
hoc
see
interstate
circuit
dallas
harlan
dissenting
predecessors
learned
practice
ad
hoc
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preserve
distinction
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legislative
event
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long
one
end
majority
realizes
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commerce
power
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holmes
statement
first
call
theory
law
fit
facts
holmes
common
law
howe
ed
facts
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facts
integrated
national
commerce
political
relationship
nation
much
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treasuries
constitutional
modifications
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people
federalism
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time
adequate
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theory
able
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economy
years
ago
petitioner
antonio
morrison
et
al
christy
brzonkala
petitioner
antonio
morrison
et
al
writs
certiorari
appeals
fourth
circuit
may
justice
breyer
justice
stevens
joins
justice
souter
justice
ginsburg
join
part
dissenting
one
denies
importance
constitution
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authority
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understanding
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clause
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justice
souter
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legal
logic
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majority
approach
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add
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courts
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loan
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intrastate
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desire
economic
domination
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women
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general
accounting
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health
education
human
services
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domestic
violence
prevalence
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employment
among
welfare
recipients
brief
equal
rights
advocates
et
al
amicus
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line
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aggregate
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heart
atlanta
motel
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rights
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local
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mcclung
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supra
recognizing
congressional
power
aggregate
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state
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laughlin
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filburn
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atlanta
motel
supra
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women
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ignore
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object
seek
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ante
lopez
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motel
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authority
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state
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san
antonio
metropolitan
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ante
souter
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florida
bd
regents
slip
stevens
dissenting
framers
designed
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legislates
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process
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interests
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infringement
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also
kramer
putting
politics
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colum
rev
focusing
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political
process
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parties
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institutionally
motivated
members
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souter
pointed
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supra
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hampton
mow
sun
wong
fullilove
klutznick
stevens
dissenting
commentators
also
suggested
thoroughness
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procedures
whether
congress
took
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look
might
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clause
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say
congress
legislates
area
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jackson
federalism
uses
limits
law
printz
principle
harv
rev
gardbaum
rethinking
constitutional
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texas
rev
lessig
translating
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lopez
rev
see
also
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establishing
european
community
art
bermann
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rev
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gardbaum
supra
applying
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traditional
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carolina
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claims
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souter
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laughlin
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women
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garcia
san
antonio
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framers
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ginsburg
dissenting
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state
hospital
scanlon
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framers
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powell
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constitution
written
thus
permanent
indispensable
feature
constitutional
federal
judiciary
exposition
law
constitution
miller
johnson
quoting
cooper
aaron
doubt
political
branches
role
interpreting
applying
constitution
ever
since
marbury
remained
ultimate
expositor
constitutional
text
emphasized
nixon
performance
assigned
constitutional
duties
branch
government
must
initially
interpret
constitution
interpretation
powers
branch
due
great
respect
others
many
decisions
however
unequivocally
reaffirmed
holding
marbury
emphatically
province
duty
judicial
department
say
law
citation
omitted
contrary
justice
souter
suggestion
see
post
gibbons
exempt
commerce
power
cardinal
rule
constitutional
law
assertion
gibbons
public
opinion
restraint
congressional
exercise
commerce
power
true
insofar
contends
political
accountability
limit
congress
exercise
commerce
power
within
power
outer
bounds
language
surrounding
relied
upon
justice
souter
makes
clear
gibbons
remove
authority
define
boundary
see
gibbons
supra
intended
say
words
comprehend
commerce
completely
internal
carried
man
man
state
different
parts
state
extend
affect
comprehensive
word
among
may
properly
restricted
commerce
concerns
one
phrase
one
probably
selected
indicate
completely
interior
traffic
state
apt
phrase
purpose
enumeration
particular
classes
commerce
power
extended
made
intention
extend
power
every
description
enumeration
presupposes
something
enumerated
something
regard
language
subject
sentence
must
exclusively
internal
commerce
state
justice
souter
disputes
assertion
constitution
reserves
general
police
power
noting
founders
failed
adopt
several
proposals
additional
guarantees
federal
encroachment
state
authority
see
post
argument
belied
entire
structure
constitution
careful
enumeration
federal
powers
explicit
statement
powers
granted
federal
government
reserved
constitution
realistically
interpreted
granting
federal
government
unlimited
license
regulate
see
new
york
discussed
constitution
separation
federal
power
creation
judicial
branch
indicate
disputes
regarding
extent
congressional
power
largely
subject
judicial
review
see
supra
moreover
principle
constitution
created
federal
government
limited
powers
reserving
generalized
police
power
deeply
ingrained
constitutional
history
new
york
supra
quoting
gregory
ashcroft
supra
see
also
lopez
footnotes
finding
law
valid
exercise
commerce
clause
power
occasion
reach
question
whether
might
also
sustained
exercise
congress
power
enforce
fourteenth
amendment
true
data
relate
effects
violence
women
generally
civil
rights
remedy
limits
scope
crimes
violence
motivated
gender
presumably
somewhat
narrower
subset
acts
see
meaning
motivated
gender
elucidated
lower
courts
much
less
one
degree
findings
rely
acts
redressable
civil
rights
remedy
unclear
appear
however
much
data
seems
indicate
behavior
motivation
event
adopting
cramped
reading
statutory
text
thereby
increasing
constitutional
difficulties
directly
contradict
one
basic
canons
statutory
interpretation
see
nlrb
jones
laughlin
steel
identified
problem
violence
women
congress
may
address
sees
threatening
manifestation
reform
may
take
one
step
time
williamson
lee
optical
see
domestic
violence
terrorism
home
hearing
subcommittee
children
family
drugs
alcoholism
senate
committee
labor
human
resources
sess
hearing
women
violence
hearing
senate
committee
judiciary
sess
violence
women
victims
system
hearing
senate
committee
judiciary
sess
hearing
violence
women
hearing
subcommittee
crime
criminal
justice
house
committee
judiciary
sess
hearing
domestic
violence
hearing
senate
committee
judiciary
sess
hearing
violent
crimes
women
hearing
senate
committee
judiciary
sess
hearing
violence
women
fighting
fear
hearing
senate
committee
judiciary
sess
hearing
crimes
violence
motivated
gender
hearing
subcommittee
civil
constitutional
rights
house
committee
judiciary
sess
domestic
violence
family
matter
hearing
subcommittee
crime
criminal
justice
house
committee
judiciary
sess
see
hearing
testimony
northeastern
univ
law
school
professor
clare
dalton
hearing
testimony
univ
chicago
professor
cass
sunstein
hearing
testimony
american
medical
assn
robert
mcafee
see
testimony
lisa
id
testimony
jennifer
tescher
see
hearing
testimony
attorneys
general
iowa
illinois
testimony
national
federation
business
professional
women
hearing
statement
james
hardeman
manager
counseling
polaroid
see
judicial
council
california
advisory
committee
gender
bias
courts
achieving
equal
justice
women
men
california
courts
july
edited
version
report
colorado
task
force
gender
bias
courts
gender
justice
colorado
courts
connecticut
task
force
gender
justice
courts
report
chief
justice
report
florida
gender
bias
study
commission
mar
georgia
commission
gender
bias
judicial
system
gender
justice
courts
reprinted
rev
report
illinois
task
force
gender
bias
courts
equality
courts
task
force
state
iowa
final
report
kentucky
task
force
gender
fairness
courts
equal
justice
women
men
louisiana
task
force
women
courts
final
report
maryland
special
joint
gender
bias
courts
may
massachusetts
judicial
gender
bias
study
system
massachusetts
michigan
task
force
gender
issues
courts
final
report
minnesota
task
force
gender
fairness
courts
final
report
reprinted
wm
mitchell
rev
nevada
gender
bias
task
force
justice
women
new
jersey
task
force
women
courts
report
first
year
june
report
new
york
task
force
women
courts
mar
final
report
rhode
island
committee
women
courts
june
utah
task
force
gender
justice
report
utah
judicial
council
mar
vermont
vermont
bar
gender
justice
report
vermont
task
force
gender
bias
legal
system
washington
state
task
force
gender
justice
courts
final
report
wisconsin
equal
justice
task
force
final
report
see
majority
staff
senate
committee
judiciary
violence
women
increase
rape
america
sess
comm
print
majority
staff
senate
committee
judiciary
violence
women
week
life
america
sess
comm
print
majority
staff
senate
committee
judiciary
response
rape
detours
road
equal
justice
sess
comm
print
conf
cases
accepted
dramatically
smaller
figures
see
hodel
indiana
stating
corn
production
value
million
surely
insignificant
amount
commerce
go
without
saying
view
limit
congressional
commerce
power
carries
implication
wisdom
exercising
limit
members
appearing
congress
repeatedly
argued
federalization
traditional
state
crimes
extension
federal
remedies
problems
historically
taken
responsibility
may
deal
today
see
hearings
subcommittee
house
committee
appropriations
pt
pp
testimony
justice
kennedy
hearings
subcommittee
senate
committee
appropriations
testimony
justices
kennedy
souter
judicial
conference
originally
opposed
act
though
original
bill
amended
include
animus
requirement
objection
withdrawn
reasons
apparent
see
crimes
violence
motivated
gender
hearing
subcommittee
civil
constitutional
rights
house
committee
judiciary
claim
powers
granted
withheld
chief
federalist
argument
necessity
bill
rights
bills
rights
hamilton
claimed
application
constitutions
professedly
founded
upon
power
people
executed
immediate
representatives
servants
strictness
people
surrender
nothing
retain
every
thing
need
particular
reservations
federalist
james
wilson
went
pennsylvania
ratifying
convention
asserting
enumeration
rights
positively
dangerous
suggested
conversely
every
right
reserved
surrendered
see
elliot
debates
several
state
conventions
adoption
federal
constitution
ed
hereinafter
elliot
debates
federalists
course
prevail
point
voted
constitution
proposing
amendments
first
congress
speedily
adopted
bill
rights
see
garcia
san
antonio
metropolitan
transit
authority
powell
dissenting
document
protected
range
specific
individual
rights
federal
infringement
possible
exception
second
amendment
offer
similarly
specific
protections
areas
state
sovereignty
contrary
always
recognized
federal
commerce
power
may
overlap
reserved
state
police
power
cases
federal
authority
see
lake
shore
michigan
southern
ohio
congress
acts
reference
matter
confided
constitution
statutes
displace
conflicting
local
regulations
touching
matter
although
regulations
may
established
pursuance
power
surrendered
general
government
california
look
activities
traditionally
engaged
marking
boundary
restriction
upon
federal
taxing
power
limitation
upon
plenary
power
regulate
commerce
contrary
suggestion
ante
wickard
applied
substantial
effects
test
domestic
agricultural
production
domestic
consumption
activity
fairly
described
commercial
despite
commercial
consequences
affecting
affected
demand
agricultural
products
commercial
market
wickard
admitted
filburn
activity
may
regarded
commerce
insisted
may
still
whatever
nature
reached
congress
exerts
substantial
economic
effect
interstate
commerce
enterprise
surely
detrimental
influence
interstate
foreign
commerce
without
motives
answer
makes
difference
federalism
legitimacy
new
judicially
derived
federalism
crux
disagreement
see
infra
constitution
fact
forbid
exercises
commerce
power
article
cl
barred
congress
giving
preference
ports
one
state
another
strikingly
framers
protected
slave
trade
federal
interference
see
art
cl
confirmed
power
state
guarantee
chattel
status
slaves
fled
another
state
see
art
iv
cl
reservations
demonstrate
plenary
nature
federal
power
exceptions
prove
rule
apart
proposals
carve
islands
state
authority
stream
commerce
power
entirely
unsuccessful
roger
sherman
proposed
definition
federal
legislative
power
excluding
matters
internal
police
met
gouverneur
morris
response
internal
police
infringed
many
cases
voted
eight
two
records
federal
convention
pp
farrand
ed
hereinafter
farrand
convention
similarly
rejected
sherman
attempt
include
article
proviso
state
shall
affected
internal
police
elliot
debates
finally
rufus
king
suggested
explicit
bill
rights
device
might
indeed
set
aside
areas
declares
farrand
fundamental
rights
individuals
secured
express
provisions
state
constitutions
may
like
security
provided
rights
national
constitution
proposal
came
naught
short
suppose
enumerated
powers
must
limits
sensible
maintain
exist
judicially
identifiable
areas
state
regulation
immune
plenary
congressional
commerce
power
even
though
falling
within
limits
defined
substantial
effects
test
deny
constitutional
history
national
economy
national
legislative
power
expand
tandem
recent
discovery
accepted
prospect
well
years
ago
noting
commerce
powers
confined
instrumentalities
commerce
postal
service
known
use
constitution
adopted
keep
pace
progress
country
adapt
new
developments
time
circumstances
pensacola
telegraph
western
union
telegraph
see
also
farmers
loan
trust
minnesota
primitive
conditions
passed
business
transacted
national
scale
mentioned
supra
many
state
conventions
voted
favor
constitution
proposing
amendments
see
elliot
debates
massachusetts
south
carolina
new
hampshire
virginia
new
york
north
carolina
rhode
island
statements
similar
effect
pervade
ratification
debates
see
massachusetts
remarks
samuel
stillman
new
york
remarks
alexander
hamilton
north
carolina
remarks
james
iredell
majority
special
solicitude
areas
traditional
state
regulation
ante
thus
founded
text
constitution
termed
spirit
tenth
amendment
garcia
san
antonio
metropolitan
transit
authority
increased
recent
years
disregard
admonition
must
consider
country
become
deciding
amendment
reserved
ibid
majority
tries
deflect
objection
blocks
intended
political
process
explaining
framers
intended
politics
set
federal
balance
within
sphere
permissible
commerce
legislation
whereas
looking
politics
define
sphere
derogation
even
marbury
madison
cranch
ante
accept
view
politics
arbiter
state
interests
within
realm
legitimate
congressional
action
commerce
power
neither
madison
wilson
marshall
jones
laughlin
darby
wickard
garcia
courts
suggested
politics
defines
commerce
power
even
though
recognize
conditions
contemporary
world
result
vastly
greater
sphere
influence
politics
framers
envisioned
politics
legitimate
authority
us
sides
disagreement
within
legitimate
compass
commerce
power
majority
claims
merely
engaging
judicial
task
patrolling
outer
boundaries
congressional
authority
see
ante
assertion
reconciled
statements
substantial
effects
test
drawn
categorical
distinctions
majority
favors
see
wickard
darby
majority
attempt
circumscribe
commerce
power
defining
terms
categorical
exceptions
seen
revival
similar
efforts
led
near
tragedy
incoherence
law
history
lessons
accepted
guides
commerce
clause
interpretation
today
accept
subject
matter
act
falls
within
commerce
power
choice
legislate
nationally
subject
except
national
legislation
traditionally
dealt
political
choice
political
choice
see
supra
point
take
position
incapable
dealing
adequately
domestic
violence
political
leaders
simply
congress
evidence
find
national
statute
necessary
passage
obviously
survives
commerce
clause
scrutiny
majority
concerns
accountability
strike
entirely
misplaced
individuals
defendants
action
haled
federal
sued
code
quite
aware
dual
sovereignties
attempting
regulate
behavior
congress
chosen
exercise
powers
fourteenth
amendment
proceed
instead
regulating
rather
private
individuals
accountability
far
less
plain