# United States v. Morrison

> Supreme Court of the United States · May 15, 2000 · 529 U.S. 598

URL: https://www.frixlaw.com/law-library/cases/9433948

## Case

- **Full name:** UNITED STATES v. MORRISON Et Al.
- **Court:** Supreme Court of the United States
- **Decided:** May 15, 2000
- **Citations:** 529 U.S. 598; 120 S. Ct. 1740; 146 L. Ed. 2d 658; 2000 U.S. LEXIS 3422
- **Precedential status:** Published
- **Opinion:** Concurrence by Thomas
- **Judges:** Rehnquist, O'Con-Nor, Scaxjia, Kennedy, Thomas, Souter, Stevens, Ginsburg, Breyer, I-A
- **Cited by:** 1,307 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9433948

## How later opinions describe it (automated extraction)

- holding Commerce Clause did not provide Congress with the authority to enact the civil remedy provision of the Violence Against Women Act because "[g]ender-motivated crimes of violence are not, in any sense of the phrase, economic activity" that substantially affects interstat…
- stating that "[w]e accordingly have no hesitation in saying that it would take more than the naked dicta contained in Justice Clark's opinion [in Guest], when added to Justice Brennan's opinion [in Guest], to cast any doubt upon the enduring vitality of the Civil Rights Cases …
- holding that the civil remedies in 42 U.S.C. § 13981 were beyond Congress's power under the Commerce Clause because, inter alia, "[l]ike the Gun-Free School Zones Act at issue in Lopez, § 13981 contains no jurisdictional element establishing that the federal cause of action is…
- explaining that the "three broad categories of activity that Congress may regulate under its commerce power" include "the use of the channels of interstate commerce," "the instrumentalities of interstate commerce, or persons or things in interstate commerce," and "activities t…
- holding that Violence Against Women Act was not a legitimate exercise of Congress’ authority under Section 5 in part because “it applie[d] uniformly throughout the Nation” and “Congress’ findings indicate that the problem of discrimination against the victims of gender-motivat…

## Opinion text

Justice Thomas,
concurring.
The majority opinion correetly applies our decision in United States v. Lopez, 514 U. S. 549 (1995), and I join it in full. I write separately only to express my view that the very notion of a “substantial effects” test under the Commerce Clause is inconsistent with the original understanding of Congress’ powers and with this Court’s early Commerce Clause cases. By continuing to apply this rootless and malleable standard, however circumscribed, the Court has encouraged the Federal Government to persist in its view that the Commerce Clause has virtually no limits. Until this Court replaces its existing Commerce Clause jurisprudence with a standard more consistent with the original understanding, we will continue to see Congress appropriating state police powers under the guise of regulating commerce.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9433948. Public record. Not legal advice.
