#2 Read the Supreme Court decision in U.S. vs. Morrison (20

#2: Read the Supreme Court decision in U.S. vs. Morrison (2000). The question presented to the Supreme Court was: Does Congress have the authority to enact the Violence case. Against Women Act of 1994 under either the Commerce Clause or Fourteenth Amendment? The Supreme Court considered a suit brought by a former student of Virginia Polytechnic Institute (Brzonkala) who alleged two university athletes raped her. The defendant players and university argued that the Violence Against Women Act, which allowed victims of gender -motivated violence to bring federal civil suits for damages (a federal cause of action), was unconstitutional under the Commerce Clause. The Court agreed with the defendants, in concluding that Congress must distinguish between ‘what is truly national and what is truly local’–and that its power under the Commerce Clause reaches only the former. In a one to two page (single spaced) response answer the following questions: 1. Why did Ms. Brzonkala, a Pennsylvania resident, file suit in U.S. District Court Eastern District of Pennsylvania (federal court) instead of state court? 2. Did the Supreme Court find that the section of the Violence Against Woman Act allowing a cause of action to bring a federal civil suit for damages violated the Fourteenth Amendment? 3. Do you believe the Supreme Court made the right decision? If so, why. If not, why not? 4. Some constitutional scholars say that the Commerce Clause of the United States Constitution is the most important power conveyed upon Congress. The United States Constitution, Article I, Section 8 states: “the Congress shall have Power…To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes (the “Commerce Clause”).” Do you believe the scholars are right? Why or why not?