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Constitutional Law Keyed to Barnett
United States v. Morrison
Citation:
529 U.S. 598 (2000)Facts
Congress passed a law (42 U.S.C. § 13981), which provided a federal civil remedy for victims of gender based violence. The government argued that the Commerce Clause, as well as the Enforcement Clause of the Fourteenth Amendment gave Congress authority to pass this law. The government explained that there was a bias in state criminal law systems against victims of gender-based violence, such that these victims were denied equal protection of the law under the Fourteenth Amendment; furthermore, a civil remedy was necessary to protect against bias in the criminal law system and deter future discrimination.
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