Protecting the Spending Power
Erwin Chemerinsky
Abstract
Open-access reader
Erwin Chemerinsky
Abstract
Open-access reader
United States v. Lopez, 514 U.S. 549 (1995) (federal Gun-Free School Zone Act is unconstitutional as exceeding the scope of Congress's commerce power); United States v. Morrison, 529 U.S. 598 (2000) (the civil cause of action for gender motivated violence within the Violence Against Women Act is unconstitutional as not within the scope of Congress's Commerce Clause authority).2 See New York v. United States, 505 U.S. 144 (1992) (Congress may not compel state legislative or regulatory activity.The Low Level Radioactive Waste Disposal Act is unconstitutional as an impermissible compulsion of state governments in violation of the Tenth Amendment).3 See, e.g., Kimel v.Florida Bd. of Regents, 528 U.S. 62 (2000) (state governments may not be sued in federal court for violating the Age Discrimination in Employment Act.The law is not a valid exercise of Congress's Section Five power that authorizes suits against state governments), Alden v. Maine, 527 U.S. 706 (1999) (because of state sovereign immunity a state government may not be sued in state court without its consent); Florida Prepaid Postsecondary Educ.Expense Bd. v
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United States v. Lopez, 514 U.S. 549 (1995) (federal Gun-Free School Zone Act is unconstitutional as exceeding the scope of Congress's commerce power); United States v. Morrison, 529 U.S. 598 (2000) (the civil cause of action for gender motivated violence within the Violence Against Women Act is unconstitutional as not within the scope of Congress's Commerce Clause authority).2 See New York v. United States, 505 U.S. 144 (1992) (Congress may not compel state legislative or regulatory activity.The Low Level Radioactive Waste Disposal Act is unconstitutional as an impermissible compulsion of state governments in violation of the Tenth Amendment).3 See, e.g., Kimel v.Florida Bd. of Regents, 528 U.S. 62 (2000) (state governments may not be sued in federal court for violating the Age Discrimination in Employment Act.The law is not a valid exercise of Congress's Section Five power that authorizes suits against state governments), Alden v. Maine, 527 U.S. 706 (1999) (because of state sovereign immunity a state government may not be sued in state court without its consent); Florida Prepaid Postsecondary Educ.Expense Bd. v
Key concepts: Federalism, New Federalism, State (computer science), Dual federalism, Political science, Supreme court, Cooperative federalism, Sovereignty