Us Vs Morrison Case Study

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United States v. Morrison: 529 U.S. 598 (2000)

Facts: Shortly after enrolling at Virginia Tech (in fall of 1194) Christy Brzonkala met Antonio Morrison and James Crawford. They were both students and members of the varsity football team at Virginia Tech. Brzonkala alleged that the two assaulted her and repeatedly raped her. Months later Morrison announced that he “like(d) to get girls drunk and ____”. His comments consisted of boasting, debased remarks, and vulgar remarks about what he would do to women, all of which shocked and offended listeners. The attack made Brzonkala severely emotionally disturbed and depressed, which lead to her seeking help and being prescribed antidepressant medication. Soon after she stopped attending classes and withdrew from the university. Brzonkala sued Morrison, Crawford and Virginia Tech in December of 1995. Her complaint alleged that Morrison and Crawford violated §13981. Section 13981 was a part of the Violence Against Women Act of 1994, stating “all persons within the US shall have the right to be free from crimes of violence motivated by gender”. …show more content…
Whether section 13981 fall under the power of the commerce clause of the congress. Dismissing the complaint would mean that congress lacked the authority to enact section 13981 under the commerce clause of the 14th amendment.

Holding: No, the commerce clause does not provide congress with the authority to enact §13981. “Gender-motivated crimes of violence are not, in any sense of the phrase, economic activity”.

Gonzales v. Oregon: 546 U.S. 243

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