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 – 14^th 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.