Featured Post

Introduction to Geography-Montessori

Prologue to Geography The world is getting littler, we currently live in a worldwide town because of our expanded specialized aptitudes. It ...

Friday, October 18, 2019

Federal courts jurisdiction Essay Example | Topics and Well Written Essays - 250 words

Federal courts jurisdiction - Essay Example (United States v. Lopez, 1995) This was a landmark case in that it established the supremacy of the Federal Courts over state courts and jurisdiction within individual states. However, the end result of the case was that the charges by the federal government were dismissed and in a statement by Judge Rehnquist the reasoning was that it was time to step in and check the powers of the federal government by defining the powers between the federal government and the individual state. The prosecutions argument rested the use of the Interstate Commerce Act, this act specifically being designed to prevent unfair business practices by shifting regulatory abilities from the state governments to that of the federal government. (Interstate Commerce Act, 1887) The case was upheld by a decision of 5-4 and helped define what was allowed directly by the Interstate Commerce Act. Supreme Court Justice Rehnquist made it clear that this incident was not something that should be allowed under the Commer ce Act however, further stated that this decision was not meant to change prior decisions in regards to the Commerce Act. The decision was meant only to limit the current scope of the Federal Government in regards to incidents occurring within each individual state. The decision clarified the separation of power that exists between the individual states and that of the Federal Government.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.