An introduction to Constitutional Law 100 Supreme Court cases everyone should know

In the fall of 1994, Christy Brzonkala was a student at Virginia Tech. She alleged that two members of the Virginia Tech varsity football team, Antonio Morrison and James Crawford, raped her.. The local prosecutor never brought criminal charges against the players.

The Rehnquist Court (1994-2005). Seated, from left to right: Antonin Scalia and John Paul Stevens, Chief Justice William H. Rehnquist, and Justices Sandra Day O'Connor and Anthony M. Kennedy. Standing, from left to right: Ruth Bader Ginsburg, David H. Souter, Clarence Thomas, and Stephen G. Breyer.

Virginia Polytechnic University

Virginia Polytechnic University

In United States v. Morrison (2000), the Supreme Court held that this provision exceeded Congress’s enumerated powers. Morrison, like Lopez five years earlier, yielded a five-to-four split, with Chief Justice Rehnquist writing the opinion of the Court.

“Gender-motivated crimes of violence are not, in any sense of the phrase, economic activity.”

Morrison was significant for three reasons. First, it reaffirmed the economic-noneconomic distinction it had drawn in Lopez.Once again, the Court seemed serious about maintaining that line. Second, Morrison rejected the relevance of Congress’s factual findings about the economic effects of violence against women nation-wide. This opinion clarified that Congress may not reach wholly intrastate noneconomic activity regardless of its effects on interstate commerce.

“Thus far in our Nation’s history our cases have upheld Commerce Clause regulation of intrastate activity only where that activity is economic in nature.”

This far, and no farther, without a judicially-administratable limiting principle.

The Court would limit the further expansion of Congress's implied powers “in the light of our dual system of government." Failing to limit this expansion would "effectually obliterate the distinction between what is national and what is local and create a completely centralized government.”

Implied Powers on the Rehnquist Court

In 1994, Christy Brzonkala was a student at Virginia Tech. She alleged that two members of the varsity football team, Antonio Morrison and James Crawford, raped her. The local prosecutor in Virginia never brought criminal charges against the players. Brzonkala alleged that she was a victim of “gender-motivated violence.” As a result, she relied on VAWA’s federal cause of action to sue the state university, as well as Morrison and Crawford, in federal court.

The Supreme Court held that Congress lacked the power to create VAWA’s federal cause of action. Morrison, like Lopez five years earlier, yielded a 5-4 split. Chief Justice Rehnquist wrote the majority opinion. He applied the economic/non-economic distinction: “Gender-motivated crimes of violence are not, in any sense of the phrase, economic activity.”