Reference no: EM131012249

In 1994, while enrolled at the University of California, Jerry Garcia alleged that Bobby Weir and Brent Mydland, both students and varsity football players assaulted him at a beer blast after the big game. In 1995, Garcia filed a complaint against Weir and Mydland under the University of California Student Assault Policy. After a hearing, Weir was found guilty of assault and sentenced to immediate suspension for two semesters. Mydland was not punished. A second hearing also found Weir guilty. After an appeal through the university's administrative system, Weir's punishment was set aside, as it was found to be "excessive." Ultimately, Garcia dropped out of the school. Garcia then sued Weir, Mydland, and the University of California in Federal District Court, alleging that Weir's and Mydland's attack violated 42 USC section 1981, part of the Federal School Violence Act of 1994, which provides a civil remedy for the victims of school violence. Weir and Mydland moved to dismiss Garcia's suit on the ground that section 1981's civil remedy was unconstitutional. In dismissing the complaint, the District Court found that that Congress lacked authority to enact section 1981 under the US Constitution.

Question:

1. Does Congress have the authority to enact the School Violence Act of 1994?

2. What constitutional provision provides the better support the Commerce Clause or Fourteenth Amendment and why?