NATIONAL SUPREMACY

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NATIONAL SUPREMACY
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• Facts of the Case 
• Associations of companies that create, publish,
  distribute, sell and/or rent video games brought
  a declaratory judgment action against the state
  of California in a California federal district
  court. The plaintiffs brought the claim under the
  First and Fourteenth Amendments seeking to
  invalidate a newly- enacted law that imposed
  restrictions and labeling requirements on the
  sale or rental of "violent video games" to
  minors.
• The district court found in favor of the
  plaintiffs and prevented the enforcement of the
  law.
• On appeal, the U.S. Court of Appeals for the
  Ninth Circuit affirmed, holding that (1) violent
  video games did not constitute "obscenity" under
  the First Amendment, (2) the state did not not
  have a compelling in interest in preventing
  psychological or neurological harm to minors
  allegedly caused by video games, and (3) even if
  the state had a compelling interest, the law was
  not narrowly tailored enough to meet that
  objective.

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Supremacy Clause

• Article VI, Paragraph 2
• Federal GOV trumps state Gov, and states cannot
  make laws to counter national law.

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McCulloch v. Maryland

• National Banks were creating competition with
  state banks.
• Maryland starting taxing a branch of the national
  bank.
• Cashier, McCulloch, refused to pay the tax.
• State courts decided in favor of Maryland, it
  went to the Supreme Court on appeal

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Strict Constructionistsv. Loose Constructions

• To read the Constitution strictly
• Or to read it openly
• WHAT DOES NECESSARY AND PROPER MEAN?

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The Supreme Court Decision

• Marshall decided to read the constitution openly
• Determined that if it was necessary for the
  federal government to open a bank, to carry out
  its actions, they could.
• Therefore, not allowing the states to tax the
  federal GOV.
• McCulloch wins!

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GIBBONS v. OGDEN

• Odgen was given the sole job of running
  steamboats out of New York
• Gibbons ran boats illegally without the
  permission of New York
• Odgen sued Gibbons
• Odgen won in the state courts, Gibbons appealed
  to The Supreme Courts.

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SUPREME COURT DECISION

• Defined and broadened the meaning of commerce.
• Commerce included all business dealings, such as
  steamboat travel.
• Ruled against Ogden, saying Gibbons had to have
  the right to compete.

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United States v. Lopez

• Lopez 1990, was charged in violation of the
  Gun-Free School Zones act
• Federal lawyers argued Interstate Commerce? How?
• Lopezs lawyers argued criminal statues How?
• Who won?