|
OOOOFor
each opinion, the author's name name is given first and in full, the
following justices joining in the opinion. Concurring or separate
opinions are those which agree with the result of the Court's opinion
but differ with the reasoning, larger implications, or simply wish to
add an aspect not touched on by the Court. Dissenting opinions, of
course, are those which disagree with the Court's ruling. There may
even be several dissenting opinions, depending on the nature of the
several justices' disagreement. |
|
|
OOOOLopez
was the first check placed on Congress' Commerce Power since the
thirties. The case arose out of the conviction of a 12th grade student
for carrying a gun to school in violation of the Gun-Free School Zones
Act of 1990, a federal statute making it illegal to possess a firearm
within a thousand feet of a school. Lopez challenged the conviction on
the grounds that the federal government had no right under the
Commerce Power to pass such a law. The Court found for Lopez,
ruling the act unconstitutional.
OOOOWriting for the majority, Rehnquist
concluded essentially that the act, in banning gun possession, neither
addressed nor acted upon any commercial or economic activity. Further,
that while Court had in the past acquiesed in Congress' extensive use
of the Commerce Power to regulate what only indrectly affected
commerce, this particular act went too far. First, it invaded what was
a traditionally state and local sphere of interest, education. Second,
were a "rational basis" found for the act, i.e., were the
Court to assume that Congress had a rational basis for believing that
school gun violence significantly affected commerce, then there would
be no limit to what Congress might regulate. Nothing, in the
majority's opinion, would stand in the way of the federal government's
complete invasion and replacement of the states' police power, i.e.,
the states' traditional power to legislate for the safety, health and
well-being of their citizens. Rehnquist's conclusion was that the
Court had tolerated enough, and would admit no more broadening of the
Commerce Power.
OOOOIn concurring, Kennedy was more
cautious that Rehnquist. Unlike Rehnquist, he confined his opinion to
the case at hand without drawing larger conclusions from it. The sense
of Kennedy's opinion was that the Commerce Power is important, that it
had given Congress an ability to legislate for the nation as a whole
in the context of significant economic and social changes since its
founding, and that a generous interpretation of it should be
preserved. For Kennedy, overturning the Act should not draw a line in
the sand. Kennedy, then, was philosophically more aligned with the
dissent except on the merits of this particular case.
OOOOThomas' concurrance, like
Rehnquist's opinion and Souter's dissent, recited the history of the
Commerce Power. Earlier Courts, in interpreting Congress' power under
the Commerce Clause, had drawn significant distinctions between what
was "commerce", or what was "production", "manufacturing"
or "agriculture". Moreover, the distinction had also been
drawn between what affected commerce "directly" and what "indirectly".
Former Courts had used these distinctions to severely limit the
Commerce Power. In the late '30s, however, the Court had begun to
ignore these distinctions. Instead, the new standard became, did
Congress have a "rational basis" for believing that the
regulated activity had a "significant" or "substantial
effect" on commerce? and was the legislation reasonably tailored
to its purpose. If those conditions were satisfied, the Court was
satisfied. Thomas disagreed, writing that the "substantial
effects" test was a license for Congress to invade the
sovereignty of the states, and should be rejected. While even Thomas
did not go so far as to advocate the reintroduction of the old
distinctions, as a literalist and originalist, he clearly and
explicitly believed that they were the proper interpretive tools for
the Commerce Power.
OOOOSouter's dissent recites a different
aspect of the history of the Commerce Power, i.e. former Courts
overturning of federal legislation, much of it designed to allieviate
economic and racial inequities. Any back-tracking on the Court's
deference to the reasonable exercise of the Commerce Power would
jeopardize Congress' ability to meet new national needs in future,
unforseen, circumstances. Wherever possible, Congress and its acts
were to be given the benefit of the doubt in adjusting and managing
new realities.
OOOOBreyer chose to draw a direct
connection between education and commerce, stressing the significance
of an educated population and a healthly national economy. Gun
violence in schools, he wrote, directly threatened the educational
process, and therefore had a significant effect on the economy and
commerce. In effect, it was Breyer's opinion that the Act met the
rational basis test of significant effect. |
|