Objectives for Week Eight

1
Objectives for Week Eight

• Discuss Midterm Exam
• The Role of the Courts in a Federal System
• Litigation Strategy Within a Federal System
• Key Constitutional Clauses and Amendments
• Recent Federalism Cases

2
When Federalism Case Comes Under Domain of
Supreme Court

• Rule of Four
• Case or controversy ripe for review suitable
  for judiciary to address
• Cases involving Congressional action or where
  state court implicates federal law
• Controversies between states
• Cases involving treaties and ambassadors

3
Taking Cases to the Court

• Advantages
• Provides opportunity for political minorities
• Rulings can have sweeping effects
• Disadvantages
• Backlash
• Time and resource investment
• Unpredictable

4
Which actors should bring cases to the Court?
How do you define relief in a legal setting?
5
Inadequacy of urban education If you were to
bring a case to court, what kind of relief would
you want?
6
Commerce Clause

• Congress has the power to regulate commerce with
  foreign nations and among the several states . .
  .
• Channels of Commerce
• Instrumentalities of Interstate Commerce
• Activities having a substantial relation to
  interstate commerce

7
Necessary and Proper Clause

• Congress has the authority to make all laws
  which shall be necessary and proper for carrying
  into execution, its delegated powers

8
10th Amendment Reserved Powers

• The powers not delegated to the United States by
  the Constitution, nor prohibited by it to the
  States, are reserved to the States respectively,
  or to the people.
• Cannot act to impair a states ability to perform
  its traditional functions
• Defining what is traditional

9
11th Amendment State Immunity from Suits

• The Judicial power of the United States shall
  not be construed to extend to any suit in law or
  equity, commenced or prosecuted against one of
  the United States by Citizens of another State,
  or by Citizens or Subjects of any foreign state.

10
Commerce Clause Cases

• Gibbons v. Ogden (1824)
• NLRB v. Jones Laughlin (301 U.S. 1) 1937
• Wickard v. Filburn (317 U.S. 111) 1942
• U.S. v. Darby (312 U.S. 100) 1941

11
U.S. v. Lopez (514 U.S. 549) 1995

• Gun-free School Zone Law illegal to possess a
  gun within 1,000 feet of a school
• Were there limits to Congress power to regulate
  commerce?
• Did Congress meet the Commerce Clause tests at
  time of legislative enactment?

12
U.S. v. Morrison Violence Against Women Act

• Laws authorizes victims of rape or domestic
  violence can sue assailants in federal court for
  violation of civil rights
• Is this a legitimate use of the Commerce Clause
  power?

13
11th Amendment Cases

• Seminole Tribe v. Florida (517 U.S. 44) 1996
• Indian Gaming Regulatory Act Tribes allowed to
  sue state government, if state was not
  negotiating casino matters in good faith.
• Alden v. Maine (1999)
• Can state workers go to state court to sue a
  state for violating federal labor law?
• Does restriction on Congress to grant suits in
  federal courts extend to state courts?
• College Savings Bank v. Florida Prepaid
  Postsecondary Educational Expense Board
• West v. Gibson

14
10th Amendment Cases

• National League of Cities v. Usery (426 U.S. 833)
  1976
• Can federal minimum wage and overtime laws be
  extended to state government employees?
• Garcia v. San Antonio Metro Transit Auth. (469
  U.S. 528) 1985
• Is Congress responsive to state government?
• New York v. U.S. (505 U.S. 144) 1992
• Can Congress force a state to dispose of
  low-level radioactive waste generated within that
  state?
• Can Congress compel a state to enforce a federal
  regulatory program?
• Printz v. New York (521 U.S. 98) 1997
• Brady Handgun Violence Protection Act States
  required to perform background checks.
• Violation of 10th Amendment? Legitimate use of
  Commerce Clause?

15
Implications of Recent Trends

• Set precedent for lower courts to follow
• Signal to Congress and state government
• Encourage other challenges
• Avenues for recourse are at the state level
• Potential for greater heterogeneity
• Creates potential issues for candidate and party
  platforms

16
Role of the Court

• Blackmun States sovereign interests are more
  properly protected by procedural safeguards
  inherent in the structure of the federal system
  than by judicially created limitations on federal
  power.
• Scalia The Supreme Court has a duty to maintain
  a healthy balance of power between the states
  and the federal government.

17
When Does a Court Decision Have A Lasting Impact?

• Apply a rule or precedent consistently and
  frequently
• Define or assign responsibility and
  accountability
• Transform procedures
• Shape Institutions
• Defining suspect or vulnerable groups in society

18
Californias Position on Residency Requirements

• Congress intended to prevent welfare magnets
• Lower-benefit status is not a permanent
  classification
• Impact on right to travel is remote
• Residency requirements are a compelling state
  interest
• Migrants are no worse off not a significant
  penalty

19
Saenz v. Roe

• What did the Supreme Court decide?
• What is the threshold for taking from a state?
• Can you think other situations when states can
  block or inhibit entry? Treat in-migrants or
  visitors differently?

20
Readings for Next Time

• Readings on Mall Expansion Empire Zones
• Chapter Two, Politics in the American States,
  Gray et al. (pp. 52-60)
• "Representing Urban Interests," Scott Allard,
  Nancy Burns, Gerald Gamm, Studies in American
  Political Development, Fall 1998
• "Emerging Trends in State-Local Relationships,"
  Beverly A. Cigler