"Topic: Congress Passing Laws That Are Beyond Its Jurisdiction \r\nFormat: APA\r\nWord count: 825 words \r\nJOB INSTRUCTIONS\r\nThe first case talk about how the Bill of Rights was meaningless in 1942 (the 1st case) \r\n\r\nDescribe how the it was the first time in history when the judicial branch pushed back against Congress on the US v Lopez case and why that case was so important \r\n\r\nJust sent you the info about it. Well you should be good now. The paper topic is pretty much describing how congress was stepping out of their boundaries and also include on the paper what you learned \r\n\r\nMore Information \r\nUse the information on the cases to write the order on how congress was stepping out of its boundaries \r\n\r\n\r\nCases To Be Used In The Order (3)\r\n\r\nCase 3: US v Morrison (2000)\r\n- Violence against womens act in the 1990's\r\n-Congress was concerned about not having a high enough penalties against sexual assault cases\r\n-Increases the penalties in federal law\r\n-Morrison was arrested and charged for raping a female \r\n- Morrison fought for his freedom saying that Congress was being Unconstitutional \r\n-Violence against women has nothing to do with Commerce \r\n- Morrison won the case \r\nhttps://www.oyez.org/cases/1999/99-5\r\n\r\nAnother link for US v. Lopez\r\nhttps://www.oyez.org/cases/1994/93-1260\r\n\r\nLink for Wickard v. Filburn\r\nhttps://www.oyez.org/cases/1940-1955/317us111\r\n\r\n\r\nForgot to add this case but this paper should be easy for you lol\r\nNew Case: US v. Lopez (1995)\r\n- Alfonzo Lopez (17yrs) was charged and put to jail for bringing a handgun to school\r\n- Congress passed a law in 1990 called \"Gun Free School Zone Law\" \r\n-Congress wanted to ban guns within 1000 ft of a school\r\n-Lopez argued that the law was unconstitutional and its not permitted \r\n-Congress was stepping out of line because on PAGE 65 on TEXTBOOK has a list of rules what congress can do and that law had nothing to do with commerce. Lopez won the case because congress was being unconstitutional \r\n\r\n\r\n\r\nhere are more details from each cases.\r\nCase1: Wickard v. Filburn\r\n- RoscoFilburn was a farmer in OH\r\n- the prices for agriculture was too low in the markets\r\n-Federal Gov. wanted to increase agriculture prices by setting a limit/quotas on production for farmers\r\n-the idea was to limit agriculture to boost prices \r\n-RoscoFilburn grew more crops than his usual quota \r\n-Roscodidnt sell his extra crops/wheat so he had to pay a fine\r\n-Rosco sued the government for being unconstitutional\r\n-RoscoFilburn lost the case and this case was important because it showed how congress abused their power and the so called \"Bill of Rights\" was meaningless\r\n\r\nOn Wed, May 17, 2017 at 6:45 \r\n\r\nOn Wed, May 17, 2017 at 6:38 PM, Jennings Yongo wrote:\r\nThat will be so much better. I appreciate. \r\n\r\n\r\n\r\n\r\n-- \r\nJason Lopez\r\n\r\n\"Action is the most important key to success\"\r\n- Tony Robbins \r\n\r\n\r\n\r\n\r\n-- \r\nJason Lopez\r\n\r\n\"Action is the most important key to success\"\r\n- Tony Robbins \r\n \r\n\r\nObama Care (2012)\r\n- Obama care required every person in the US to purchase health insurance\r\n- you'll be fined for not having health insurance\r\n- the judicial court is pushing back on how much power the federal government has\r\n-Court ruled that Obama care was unconstitutional for forcing individuals to purchase obama care and fining them for not purchasing it\r\n-but instead of giving individuals a fine, Congress passed a law that taxed people for not having health insurance. \r\n\r\nLink to the case\r\nhttp://www.nytimes.com/2012/06/29/us/supreme-court-lets-health-law-largely-stand.html\r\n\r\nRunning Head: CONGRESS PASSING LAWS THAT ARE BEYOND ITS JURISDICTIONCONGRESS PASSING LAWS THAT ARE BEYOND ITS JURISDICTIONSTUDENT Name:The professor’s name, The course title, and The dateInstitution of Affiliation:1 Running Head: CONGRESS PASSING LAWS THAT ARE BEYOND ITS JURISDICTIONAccording to Masonetal, 2015, the US congress is a bicameral body in the US federalgovernment. It is composed of two chambers i.e. the House of Representatives and the senate.Both houses seat in the Capitol located in DC. Both representatives are chosen via directelections but sometimes vacancies in the senate can be occupied by governor’s appointees. Thereare 100 senators and 435 representatives. The functions of congress include: oversight function,helping the constituents, public education, lawmaking, and representation.It has powers over thejudiciary’s jurisdiction via two channels of powers outlined in the constitution. First, it holdspowers to create any federal court inferior to the Supreme Court such as the appellate court, andthe district courts. It derives this powers from the judicial vesting clause and the constitutionalcognate exceptions congressional powers. It also has powers to create exceptions and regulationsthat govern the Supreme Court appellate jurisdiction. This power is granted to it by the exceptionclause. This powers effective permit the congress to limit any judicial reviews involvingexecutive actions, certain state actions, or federal legislative activities. Sometimes the congressknocks out the federal courts by transferring judicial reviews powers to state courts. However,the congress cannot strip the supreme courts of its powers especially in courts cases that fallunder the court's original jurisdiction as has been explicitly defined in the constitution. Thiswhere all the cases that affected ambassadors, consuls, public ministers, and all the cas3s forwhich the states was a party to. The congress occasionally created draconian laws but was laterthrown out by the Supreme Court as unconstitutional (Colangelo, 2013).The first time the congress enacted a law that breached the constitution guaranteed bill ofrights was in 1942 in the Wickard v. Filburn case. In this case, Rosco Filburn, a small-scalewheat farmer in the state of Ohio went to court to sue the government after it slapped him with apenalty of $117.11 in 1941 after he defied a government direct on wheat quota. The congress had2 Running Head: CONGRESS PASSING LAWS THAT ARE BEYOND ITS JURISDICTIONpassed a regulation establishing limits on wheat production based on a farmers land acreage.Filburn produced more than his quota with the intention of using the surplus to feed his animalshence did not involve any interstate commercial activity hence the punishment did not apply tohim. He, however, lost the case as the supreme court ruled in favor of the state by stating thateven though the appellate decision may not be regarded as commerce, it could, however, bereached by congress in case it exerted substantial effect on interstate trade irrespective ofwhether its effects have a direct or indirect effects. His excess wheat would reduce the amount ofwheat he bought from the market hence laid within the confines of the commerce clause thatgave the congress trade regulatory powers. This marked the first time the congress diluted therights and freedom of the Americans as enshrined in the Bill of Rights (Schoenbaumatel, 2012).Another notable example of how congress abused its powers by enacting laws beyond itsjurisdiction was in the case of US v. Lopez in 1995. This was the first court case to occur afterthe congress has earlier own passed the Gun-Free School Zone Law act of 1990 which explicitlycreated a ban on the possession of handguns near places of learning like schools. The act bannedguns within 1000 ft. of any school.In this case, Alfonso Lopez, Junior a 12th-grade teenagerstudying at Edison High school located in San Antonio, Texas had carried a 38 caliber revolvergun plus five cartridges in total to his school. At the time of arrest the gun was not loaded at thetime .at the trial, he claimed he was to deliver the gun to someone else, a service that would earnhim a pay of 44 dollars. However, the school had earlier on received tips on him carrying thegun. They confronted him and he agreed to have the gun. He was thus arrested and charged forbreaking a federal law. He, however, moved to court to dismiss the charge on the ground that theact was unconstitutional. The Supreme Court finally rule in his favor that the act was3 Running Head: CONGRESS PASSING LAWS THAT ARE BEYOND ITS JURISDICTIONunconstitutional as it did not have any significant impact on interstate commerce. This caseshowed that congress had overstepped its mandate (Davidsonat el, 2013).The most recent case that has brought forth the issue of the congress passing laws that arebeyond its jurisdiction is the US v Morrison (2000). In this case, Christy Brzonkala filed againstAntonio Morrison and James Crawford who she had accused of raping her under the 1994Violence against Women Act after failing to get justice in lower courts. However, the SupremeCourt ruled that the act was indeed unconstitutional and the congress had exceeded its powerwhile enacting it under either the fourteenth amendment or the commerce clause(Colangelo,2013).The cases Wickard v. Filburn, US v. Lopez and US v Morrison have shown that congresshas on many occasions exceeded its jurisdiction. This has had negative impact on the lives of theaffected as they have always ended up not getting justice or having their rights and freedomscurtailed.4 "