Sunday, March 25, 2012

VAWA (US v. Morrison) case brief

VAWA (US v. Morrison)
Issue: Fourth circuit ruled that the Violence Against Women Act created a private cause of action in federal court against anyone who commits such a crime. Is this Constitutional?
Two questions before the court:
  1. Basic Constitutional commitment to a federal system that both guarantees the states a major role and gives Congress broad responsibility over interstate commerce. (Federalism- balance states authority against Congress’ authority – dual sovereignty)
  2. The commitment of a nationwide guarantee that all persons enjoy equal protection of the law. (Equal Protection – 14th Amendment)
*This case was a new civil rights remedy for abused women.
*States rights will not be interfered with under this private cause of action.

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