NATIONAL SUPREMACY

Facts of the Case:  Associations of companies that create, publish, distribute, sell and/or rent video games brought a declaratory judgment action against the state of California in a California federal district court. The plaintiffs brought the claim under the First and Fourteenth Amendments seeking to invalidate a newly- enacted law that imposed restrictions and labeling requirements on the sale or rental of "violent video games" to minors. The district court found in favor of the plaintiffs and prevented the enforcement of the law. On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed, holding that: (1) violent video games did not constitute "obscenity" under the First Amendment, (2) the state did not not have a compelling in interest in preventing psychological or neurological harm to minors allegedly caused by video games, and (3) even if the state had a compelling interest, the law was not narrowly tailored enough to meet that objective.

Supremacy Clause Article VI, Paragraph 2 Federal GOV trumps state Gov, and states cannot make laws to counter national law.

McCulloch v. Maryland National Banks were creating competition with state banks. Maryland starting taxing a branch of the national bank. Cashier, McCulloch, refused to pay the tax. State courts decided in favor of Maryland, it went to the Supreme Court on appeal

Strict Constructionists v. Loose Constructions To read the Constitution strictly Or to read it openly WHAT DOES NECESSARY AND PROPER MEAN?

The Supreme Court Decision Marshall decided to read the constitution openly Determined that if it was necessary for the federal government to open a bank, to carry out its actions, they could. Therefore, not allowing the states to tax the federal GOV. McCulloch wins!

GIBBONS v. OGDEN Odgen was given the sole job of running steamboats out of New York Gibbons ran boats illegally without the permission of New York Odgen sued Gibbons Odgen won in the state courts, Gibbons appealed to The Supreme Courts.

SUPREME COURT DECISION Defined and broadened the meaning of commerce. Commerce included all business dealings, such as steamboat travel. Ruled against Ogden, saying Gibbons had to have the right to compete.

United States v. Lopez Lopez 1990, was charged in violation of the Gun-Free School Zones act… Federal lawyers argued Interstate Commerce? How? Lopez’s lawyers argued criminal statues… How? Who won?