American Government: Readings and Cases

Peter Woll
National Power over the States: A Recurring Constitutional Debate
United States v. Morrison (2000)
P. 95-104
1. In the simplest terms where in the Constitution do you find the creation of the federal
system?
The law making powers of the national government can be found in Article I.
2. What does Woll consider to be the most important of the enumerated powers of
Congress ?
The most important of these enumerated powers are the commerce and war powers and the
power to tax and provide for the general welfare.
3. What does Woll say caused the loss of 650,000 men in the Civil War?
The failure of the political system to reserve national-state conflict caused the death of 650,000
men in the Civil War.
4. What are the three Civil War amendments? What does each provide for?
The Civil War amendments are the 13th, 14th, and 15th. The thirteenth abolished slavery, the
fourteenth granted citizenship to all persons born in the United States, and the fifteenth
prohibited both the federal government and the states from denying the right to vote on account
of race, nationality, or previous condition of servitude.
5. What does Woll mean when he says that, Especially important to federalism were
the Enforcement Clauses of the Civil War amendments?
The Enforcement Clauses of the Civil War amendments were especially important to federalism
because they gave Congress the authority to enforce each of the amendments by appropriate
legislation.
6. Over its history the Supreme Court has interpreted the commerce clause both to expand
and contract the authority of the national government. Briefly outline this history
citing specific cases and decisions.
After Chief Justice John Marshalls era ended in 1836, the Court gradually adopted a more
restrictive view of the national commerce power. The Supreme Court did not fully return to the
broad commerce clause interpretation of the Gibbons case until 1937.

7. What is the issue in the United States v. Morrison case?

The issue in the United States v. Morrison case is over female victims of sexual violence.
8. Violence against women is a serious and compelling issue. Congress attempted to deal
with the issue in the Violence Against Women Act. To what extent does this case indicate
the difficulties of implementing policy in the American system?
This case illustrates the fact that the national governments power to regulate interstate
commerce does not extend to giving female victims of violence the right to sue perpetrators in
federal court.
9. Is the Court right to decide that Congress reasoning on the relationships between
violence against women and interstate commerce would allow Congress to regulate
virtually all other aspects of social life on the same grounds?
Yes Congress is right to decide that Congress reasoning on the relationships between violence
against women and interstate commerce would allow Congress to regulate virtually all other
aspects of social life on the same grounds.
10. Is there a clear line that helps the courts determine when Congress has overstepped its
authority? Is the text of the Constitution helpful? Are judges well-suited to make the
distinction, or is defining boundaries better left to the other branches and to bargaining
between federal and non-federal interests?
There is no clear line that helps the courts determine when Congress has overstepped its
authority, however, it uses the state governments to check its power. The text of the Constitution
is helpful. Judges are well-suited to make the distinction because they are real people and have
the power to interpret. Defining boundaries do not have this power.
11. Does the history of the Commerce Clause interpretation help illustrate the Courts
relationship to economic and political trends and to current events?
Yes the history of the Commerce Clause interpretation helps illustrate the Courts relationship to
economic and political trends and to current events.