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Essay heading: U.S. V Mccoy Legal Brief
 
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Issue: Social Issues
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Date added: December 17, 2002
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No of pages / words: 4 / 1046
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In Morrison, the Supreme Court, building on Lopez, established what is now the controlling four-factor test for determining whether a regulated activity “substantially affects” interstate commerce. In Morrison, the Court held that in enacting 42 U.S.C. §13981, which provided a civil remedy for victims of gender-motivated violence under the Violence Against Women Act, Congress exceeded its Commerce Clause power...
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§13981, which provided a civil remedy for victims of gender-motivated violence under the Violence Against Women Act, Congress exceeded its Commerce Clause power. In doing so, the Court set forth the four questions: Is the prohibited activity of a commercial or economic nature? Is the connection between the prohibited activity and interstate commerce too narrow to allow the exercise of the Commerce Clause power? Does the statute contain an “express jurisdictional element” intended to satisfy Commerce Clause requirements? Do congressional findings exist to support a connection between the prohibited conduct and interstate commerce? Applying these factors, the Court concluded that intrastate violence against women does not “substantially affect” interstate commerce, and thus the enactment of §13981 was not a constitutional exercise of congressional Commerce Clause power...
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