McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819) Facts: the second bank of the United States was chartered by congress following which many branches were established in various states including Baltimore, Maryland. An act imposing a tax on the banks that were not chartered by congress was enacted by the Maryland legislature. McCulloch violated this act and was sued. Procedural history: McCulloch was sued in Baltimore county court where he was convicted; the court of appeal affirmed this decision, following which he then brought this appeal Issue: the US constitution is the supreme law and any state laws enacted should not interfere with federal laws passed within this constitution’s scope. Is there any authority under the constitution that congress can establish a United States bank? Holding: the court ruled in the affirmative. Judgment: the decision of the court of appeal was reversed. States are under an obligation not to enact and pass laws that are likely to destroy the legislated federal laws Reasoning: the constitution of the United States is the supreme law and all other state laws should not be inconsistent with it. NLRB V. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937) Facts: the constitutionality of the National Labour Relations Act of 1935 was challenged. The national Labour relations board found that the defendant company was violating some of the provisions of the act by firing some of its employees that were engaged in union activities. They gave them an order to stop such discriminatory practices but the defendant refused to adhere to it. Procedural history: the board sought to enforce the order in the court of appeal but the court found that it was outside the ambit of federal power. An appeal was then brought to the Supreme Court Issue: congress only has power to regulate activities in states that only have the potential to significantly affect the commerce between states, so in this case, did it have power to regulate these employment practices? Holding: yes, the board had the power to regulate the activities of the defendant company since these activities went beyond the state they were established in and had effect on other states Judgment: the court of appeal’s judgment was reversed. The court found that congress possessed the power to regulate such employment practices as long as they had an effect on the interstate commerce Reasoning: a failure to regulate such activities is likely to have a negative impact not only on the commerce of the concerned state but also on others as the activities of such companies will usually have a beyond the boarder effect United States v Morison, 529 U.S. 598 (2000) Facts: Brzonkala, the complainant in this case was enrolled in Virginia Tech in the 1994 fall. She brought allegations that she was constantly assaulted sexually by the defendant amongst others which caused her emotional trauma causing her to even drop out of the institution. She sued under the violence against women act ...

1. McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819)
Facts: the second bank of the United States was chartered by
congress following which many branches were established in
various states including Baltimore, Maryland. An act imposing a
tax on the banks that were not chartered by congress was
enacted by the Maryland legislature. McCulloch violated this
act and was sued.
Procedural history: McCulloch was sued in Baltimore county
court where he was convicted; the court of appeal affirmed this
decision, following which he then brought this appeal
Issue: the US constitution is the supreme law and any state laws
enacted should not interfere with federal laws passed within this
constitution’s scope. Is there any authority under the
constitution that congress can establish a United States bank?
Holding: the court ruled in the affirmative.
Judgment: the decision of the court of appeal was reversed.
States are under an obligation not to enact and pass laws that
are likely to destroy the legislated federal laws
Reasoning: the constitution of the United States is the supreme
law and all other state laws should not be inconsistent with it.
NLRB V. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937)
Facts: the constitutionality of the National Labour Relations Act
of 1935 was challenged. The national Labour relations board
found that the defendant company was violating some of the
provisions of the act by firing some of its employees that were
engaged in union activities. They gave them an order to stop
such discriminatory practices but the defendant refused to
adhere to it.
Procedural history: the board sought to enforce the order in the
court of appeal but the court found that it was outside the ambit
of federal power. An appeal was then brought to the Supreme
Court
Issue: congress only has power to regulate activities in states
that only have the potential to significantly affect the commerce

2. between states, so in this case, did it have power to regulate
these employment practices?
Holding: yes, the board had the power to regulate the activities
of the defendant company since these activities went beyond the
state they were established in and had effect on other states
Judgment: the court of appeal’s judgment was reversed. The
court found that congress possessed the power to regulate such
employment practices as long as they had an effect on the
interstate commerce
Reasoning: a failure to regulate such activities is likely to have
a negative impact not only on the commerce of the concerned
state but also on others as the activities of such companies will
usually have a beyond the boarder effect
United States v Morison, 529 U.S. 598 (2000)
Facts: Brzonkala, the complainant in this case was enrolled in
Virginia Tech in the 1994 fall. She brought allegations that she
was constantly assaulted sexually by the defendant amongst
others which caused her emotional trauma causing her to even
drop out of the institution. She sued under the violence against
women act (1994) under which there was a clause that penalized
violent crimes motivated by gender. The respondent argued that
this went beyond the scope of the commerce power of congress
to regulate crime
Procedural history: the complaint was launched in the district
court which found in favor of the defendant, that congress
lacked the power to enact the act, three judge panel of the
fourth circuit court of appeal however reversed it but later a
four judge panel affirmed the findings of the district court
which then led to this appeal by the complainant and the united
states
Issue: is the section that criminalized crimes of violence on
basis of gender under the act, a rightful exercise of the
commerce power of congress?
Holding: this is not the case; the court of appeals findings were
affirmed
Judgment: it was entered in favor of the defendant. Commerce

3. power of congress did not extend this far.
Reasoning: the court reasoned that acts of violence against
women don’t in any way affect commerce between states under
which the power of congress can be exercised.
Wickard v. Fillburn, 317 U.S. 111 (1942)
Facts: the appellee in this case owned and operated a small farm
in Ohio where among other things related to farming, he grew
wheat in the winter in limited amounts for his own personal
consumption or local consumption. In 1941 however he faced
penalties on the basis that he had grown wheat in excess of his
allotment under the agriculture’s department. He sued the
secretary of agriculture, wickard, arguing that the excess wheat
was produced for his own consumption and therefore his
activities did not fall under the ambit of the commerce clause.
Procedural history: the district court agreed with him (filburn)
and found that the regulations of congress were not
constitutional; this was affirmed by the court of appeal, which
led to this appeal by wickard
Issue: is it constitutional for congress to regulate intrastate
activities that have no effect on other states under the commerce
clause?
Holding: the court held in the affirmative, that it is.
Judgment: the court of appeals ruling was reversed and
remanded
Reasoning: the court reasoned that though the wheat was
necessarily for the personal consumption of the appellee, when
viewed in the aggregate nature, this was likely to lower the
demand for wheat which would eventually affect the nature of
commerce between states.
United States v. Lopez, 514 U.S. 549 (1995)
Facts: the 1990 gun-free school zones act made it an offense to
possess a gun within a school zone. Lopez who was a 12th grade
student was found in possession of handgun in school following
which he was convicted of violating the provisions of the act.
He appealed on the basis that congress only had power to
regulate activities that had an effect on the interstate commerce.

4. The activity in question had no connection to this.
Procedural history: the lower court convicted him; the court of
Appeals reversed these findings on the basis that the regulation
fell out of the ambit of congress.
Issue: does congress possess the power to regulate those
activities that don’t affect the interstate commerce?
Holding: the court found that congress lacked such power. The
activities it regulates have to have a substantial effect on the
commerce between states
Judgment: the findings and the judgment of the court of appeals
was affirmed. Congress lacked the power to regulate the activity
in question
Reasoning: the commerce power allows congress only to
regulate those activities that have a substantial effect on
interstate commerce. There was no evidence or law provision
that indicated the manner in which the activity in this case was
going to affect commerce between the states.
New York V. United States, 505 U.S. 144(1992)
Facts: the low-Level Radioactive Waste Policy Amendments Act
(1985) enacted by congress obligated the states to either make
provisions for the disposal of the radioactive waste or take title
to such waste within its borders. New York however argued that
this was a violation of the sovereignty of states provided for
under the tenth amendment of the United States constitution
which should not be allowed.
Procedural history: in the federal district court, the complaints
were dismissed; this was affirmed by the court of appeals,
which led to this appeal.
Issue: congress lacks the power to force states to adhere to any
state regulations. Did this apply in this case too?
Holding: the court ruled that this provision was a violation of
the tenth amendment of the constitution as it amounted to
coercion of the states.
Judgment: The Supreme Court granted certiorari, reversed in
part and affirmed in part.
Reasoning: there is a great need to adhere to the separation of

5. power doctrine to promote and ensure effectiveness. There is
need to illuminate and examine the regulations ordered by
congress and make them accountable.
Printz v. United States, 521 U.S. 898 (1997)
Facts: the Brady handgun violence prevention act interim
provisions compelled the state officers to implement federal law
that obligated them to perform background checks and other
related activities on those who want to buy handguns. Printz and
other key enforcement officers of the law brought a petition
arguing this was unconstitutional.
Procedural history: the district court ruled in the favour of the
petitioners but this was reversed in the court of appeal, hence
this appeal.
Issue: was the mandate placed upon state officers to carry out
the background checks and other related activities constitution?
Holding: the federal government lacked the authority to
command the state officers to perform any of these acts.
Judgment: the court of appeals findings were reversed. The
history of the Precedents of the United States does not reveal
any authority granted to congress to require the executives of
state to implement the federal statutes
Reasoning: there are no constitutional provisions empowering
congress to commandeer state officers to enforce the regulatory
programs initiated by congress directly.
Literature Review - Due - Thursday February 23rd
Complete a literature review of topic related to stress and
health. Identify any suggested strategies for managing those
stressors discussed in the professional literature. Prepare a 3-4
page typed summary of your literature review findings including
a reference page. Include a minimum of three references taken
from peer reviewed journal articles or book chapters from
professional sources. Provide at least one electronic link
references in your reference page. Format should be 12 point
font, double-spaced,
APA reference style. The following link leads to an APA style

6. PPT tutorial. (http://www.apastyle.org/learn/tutorials/basics-
tutorial.aspx)