Our Civil Procedure Casebriefs digital briefs give you more time to learn the Law.  Our Computer Civil Procedure Casebriefs digital briefs include every major case in your casebook briefed by a supercomputer program that looks at 220,000 other cases so you know exactly what the case stands for. Civil Procedure Casebriefs then follows the traditional case briefing method, method.  All Civil Procedure Casebriefs titles are keyed to the most current casebook editions. We even include a Civil Procedure Casebriefs compendium so that if we do not have your case book you can look up in aphabetical order all our Civil Procedure Casebriefs.

The Rom law Civil Procedure Casebriefs store offers everything you need to succeed in law school.  Most important you can download and try our Civil Procedure Casebriefs for 3 days for free. With Civil Procedure Casebriefs there is no guessing as to what you are getting as you can see our Civil Procedure Casebriefs .

Here is an excerpt of the Legal Analysis for

UNITED STATES V. LOPEZ

514 U.S. 549 (1995)

LEGAL ANALYSIS: There is a limit to super bootstrapping and this was the first one imposed in 60 years. There must be some minimal activity connected to commerce without an invasion of areas of power traditionally reserved for the states. Further, there was no jurisdictional nexus as Congress banned the possession of all guns even if they never had moved in interstate commerce.

An activity must have a substantial effect to be regulated. To uphold the statute would require the heaping of inference upon inference so much so that the Commerce clause would amount to a state police power in the possession of Congress.

The primary police functions of the state are reserved to states under the Tenth Amendment. See United States v. Lopez, 514 U.S. 549, 131 L. Ed. 2d 626, 115 S. Ct. 1624, 1634 (1995). You cannot allow the expansion of the commerce clause to such an extent that it obliterates the distinction between States and the Federal Government.

 

At issue in Lopez, 514 U. S. 549, was the validity of the Gun-Free School Zones Act of 1990, which was a brief, single-subject statute making it a crime for an individual to possess a gun in a school zone. 104 Stat. 4844-4845, 18 U. S. C. §922(q)(1)(A). The Act did not regulate any economic activity and did not contain any requirement that the possession of a gun have any connection to past interstate activity or a predictable impact on future commercial activity. Distinguishing earlier cases holding that comprehensive regulatory statutes may be validly applied to local conduct that does not, when viewed in isolation, have a significant impact on interstate commerce, the court held the statute invalid. It explained: "Section 922(q) is a criminal statute that by its terms has nothing to do with 'commerce' or any sort of economic enterprise, however broadly one might define those terms. Section 922(q) is not an essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated. It cannot, therefore, be sustained under our cases upholding regulations of activities that arise out of or are connected with a commercial transaction, which viewed in the aggregate, substantially affects interstate commerce." 514 U. S., at 561

.

Commerce has always been defined as economic activity based on a profit motive. We look from the outside and see an enormous flaw in all the reasoning of all the courts and justices that is obvious from the start. Is the activity one of an essentially economic character? Is there a commercial profit motive? All commerce has those general characteristics and we defy anyone to find a commerce activity that does not. No one has ever asked if there was a profit motive in any of these cases. If you look to the confines of this decision, of course there was no economic activity engendered by this moron in carrying a gun to school, and there certainly was no commercial profit motive.  Of course, it is now time for us to quote from our own definition of commerce in Dean’s Law Dictionary (ironically LOL). The profit motive is the key ingredient that separates out commerce power from all other powers reserved to the states. It is an easy to apply test with objective results. The justices hint at the lack of profit motive in this lengthy opinion but they just don’t come out and clearly abandon all the rest of their tests for one that is simple and easy to apply. Justice Kennedy states: “As the Chief Justice explains, unlike the earlier cases to come before the Court here neither the actors nor their conduct have a commercial character, and neither the purposes nor the design of the statute have an evident commercial nexus.” It’s there staring you in the face. The profit motive also separates the commerce power from the other enumerated powers under Art. I, § 8. Go back to all the cases in your casebook and apply our profit motive test and you see a fair result that separates both state and federal spheres of influence.

***Commerce n. (Formerly accented on the second syllable.) The exchange or buying and selling of commodities; esp. the exchange of merchandise, on a large scale, between different places or communities; extended trade or traffic. Social intercourse; the dealings of one person or class in society with another; familiarity. Sexual intercourse. A round game at cards, in which the cards are subject to exchange, barter, or trade. Chamber of commerce. See Chamber. Syn. — Trade; traffic; dealings; intercourse; interchange; communion; communication. — v. To carry on trade; to traffic. To hold intercourse; to commune. The exchange of commodities for commodities; considered in a legal point of view, it consists in the various agreements which have for their object to facilitate the exchange of the products of the earth or industry of man, with an intent to realize a profit. In a narrower sense, commerce signifies any reciprocal agreements between two persons, by which one delivers to the other a thing, which the latter accepts, and for which he pays a consideration; if the consideration be money, it is called a sale; if any other thing than money, it is called exchange or barter.***

 

Cases show that the regulation of intrastate activities may be necessary to and proper for the regulation of interstate commerce in two general circumstances. Most directly, the commerce power permits Congress not only to devise rules for the governance of commerce between States but also to facilitate interstate commerce by eliminating potential obstructions, and to restrict it by eliminating potential stimulants. See NLRB v. Jones & Laughlin Steel Corp., 301 U. S. 1, 36-37 (1937). That is why the Court has repeatedly sustained congressional legislation on the ground that the regulated activities had a substantial effect on interstate commerce. See, e.g., Hodel, supra, at 281 (surface coal mining); Katzenbach, supra, at 300 (discrimination by restaurants); Heart of Atlanta Motel, Inc. v. United States, 379 U. S. 241, 258 (1964) (discrimination by hotels); Mandeville Island Farms v. American Crystal Sugar Co., 334 U. S. 219, 237 (1948) (intrastate price-fixing); Board of Trade of Chicago v. Olsen, 262 U. S. 1, 40 (1923) (activities of a local grain exchange); Stafford v. Wallace, 258 U. S. 495, 517, 524-525 (1922) (intrastate transactions at stockyard). Lopez and Morrison recognized the expansive scope of Congress's authority in this regard: "[T]he pattern is clear. Where economic activity substantially affects interstate commerce, legislation regulating that activity will be sustained." Lopez, supra, at 560; Morrison, supra, at 610 (same). This principle is not without limitation. In Lopez and Morrison, the Court--conscious of the potential of the "substantially affects" test to " 'obliterate the distinction between what is national and what is local,' " Lopez, supra, at 566-567 (quoting A. L. A. Schechter Poultry Corp. v. United States, 295 U. S. 495, 554 (1935)); see also Morrison, supra, at 615-616--rejected the argument that Congress may regulate noneconomic activity based solely on the effect that it may have on interstate commerce through a remote chain of inferences. Lopez, supra, at 564-566; Morrison, supra, at 617-618. "[I]f we were to accept [such] arguments," the Court reasoned in Lopez, "we are hard pressed to posit any activity by an individual that Congress is without power to regulate." Lopez, supra, at 564; see also Morrison, supra, at 615-616. Thus, although Congress's authority to regulate intrastate activity that substantially affects interstate commerce is broad, it does not permit the Court to "pile inference upon inference," Lopez, supra, at 567, in order to establish that noneconomic activity has a substantial effect on interstate commerce. Congress's authority to enact laws necessary and proper for the regulation of interstate commerce is not limited to laws directed against economic activities that have a substantial effect on interstate commerce. Though the conduct in Lopez was not economic, the Court nevertheless recognized that it could be regulated as "an essential part of a larger regulation of economic activity, in which the regulatory scheme could be undercut unless the intrastate activity were regulated." 514 U. S., at 561. This statement referred to those cases permitting the regulation of intrastate activities "which in a substantial way interfere with or obstruct the exercise of the granted power." Wrightwood Dairy Co., 315 U. S., at 119; see also United States v. Darby, 312 U. S. 100, 118-119 (1941); Shreveport Rate Cases, 234 U. S., at 353. As the Court put it in Wrightwood Dairy, where Congress has the authority to enact a regulation of interstate commerce, "it possesses every power needed to make that regulation effective." 315 U. S., at 118-119.

The dissent argued the rational basis test and whether Congress could have a rational basis for finding a significant or substantial connect between gun related school violence and interstate commerce.

Used Diesel Generators
Used diesel generators from supplier US Power and Environment. Buy a used diesel generator or natural gas generator from our extensive inventory including Cat, Cummins and Baldor generators.

Fuller Brush Company, Fuller Family Safe Cleaning Products Company
Fuller Brush online store fuller brush products, fuller family safe cleaning and skin care products at fuller brush store from Fuller Brush Company.

Exercise Ball Workouts
The largest collection of exercise ball workouts and ball exercises on the web. Also has fitness articles and exercise ball product recommendations.

Ringing in the ears medications and supplements
Ringing in the ears does not need to be treated with prescription medications which cause dry mouth and extreme drowsiness. Ringing in the ears, tinnitus and vertigo can be treated with Stabelite which is a natural supplement designed to restore blood flow to the capillaries.

Colon Cleanse, Full Body Cleanses
This colon cleanse and body cleanse is designed to remove toxic buildup, and restore healthy colon and bowel function. Fully body and colon cleanse based on Dr. Hulda Clark.

Moccasin Shop Online Store
Minnetonka moccasins, Old Friend Slippers, Annaleece Jewelry and Sandicast Dogs. Minnetonka moccasin shop from The Moccasin Shop Treasure Chest Gift Shop, authorized Minnetonka dealer in Wisconsin. Minnetonka Moccasins, also spelt mocasins, moccassins, mocassins. Old Friend Slippers and Sandicast Dogs, Cats, Wolves, Bear, Deer and Other Wildlife Animals.

Colonic Cleansing Centre Canada
Colonic cleansing centre in Canada, the Abundant Life Wellness Center for colonic health including the whole body cleanse, with hydrotherapy and fasting. Additional therapies available.

How To Find Your Ideal Flag clothing, flag apparel, flag sticker, flag hat and more flag-wear products
It’s as easy as 1- 2 – 3! Click here to buy that Country National flag and flag pattern designs into high quality products. The easy and exclusive way to display your pride and love for that special country, for that fantastic team, or to add new flags designs and improve your flag collection. Huge selection of flag gifts! Show off your love and pride with unique designs of flags worldwide. Flag-wear: Flag gifts including country flag shirts, t-shirts, sweatshirts, cups and mugs, caps, yard signs, flag teddy bears, ribbons, fan flags and other flagwear merchandise

Orlando airport Transportation
We provide the best and newest limousine fleet in Orlando. our orlando airport transportation include point to point transportation serivce, charter service, transportation service to Disney world.

A-Z Nutrition Discount Bodybuilding Supplements & Fitness Products from BSN, Herbalife, Hitech, Sedona Labs
Where to buy cheap vitamin supplements, protein, creatine, weight loss diet pills, indoor tanning lotions-oils, detoxifying, anti-aging, muscle building, organic herbal pure ephedra & natural ephedrine hcl fat burners, male enhancement products and more. Super-fast shipping, top rated service & rock-bottom wholesale prices. Find everything to body build, bodybuilders and healthy supplements. A-Z Nutrition Products VPX, BSN, EAS, Anabolic Extreme, Legal Gear Sciences, Gaspari Muscle Building Supplements - Has cheap Andros, prohormones, prosteroid, legal steroid, hgh stimulators, cell volumizers. Build muscle and strength. Save on protein, creatine monohydrate, creatine ethyl ester, glutamine, natural testosterone boosters, hmb, no2 (nitric oxide), amino acids, methoxyisoflavone, ecdysterone, zma muscle builders on sale everyday. A-Z Nutrition Supplements NVE, Isatori, NX labs, American Generic, Hi Tech, Iovate, Sedona Labs Weight Loss Products - We carry every major brand of diet pill, weight loss supplement, fat burner, appetite suppressants, transdermal fat reducers, obesity supplement at the lowest prices on the web. Save on thermogenic fat burners, stimulant-free fat burning supplements, carb blockers, fat blockers, thyroid hormone increasers, appetite suppressants, cortisol products and more on sale everyday.

Powerhouse Supplements Discount Body Building Nutrition Products, Creatine, Protein & Weight Loss Diet Pills from Beverly, Nature
Buy cheapest nutritional supplements from power house nutrition products, including ephedra diet pills on clearance. The top body building products at the lowest discount prices online. Sports nutrition at wholesale. Guaranteed safe and easy ordering with super fast shipping. We keep your information private, have award winning customer service and the lowest prices on the internet!

Travel Nursing Jobs, Travel Nurse Jobs, Travel Nursing Companies, Travel Nurse Employment
Looking for an exciting position as a travel nurse? Check out OptimalMedicalStaffing.com for the latest information about travel nursing jobs and fill out a simple Online Application. You’ll hear from a Travel Nurse Employment Specialist right away.

Golf Clubs and Golf equipment
The highest quality clone golf clubs - great seasonal sales - custom built at factory direct prices – Redwing.

Paul R. Hyde - Author
Irish author Paul R Hyde is winner of several literary awards including the prestigious Hennessey Award (Dublin). Excerpts from the fiction author's new book title.

San Diego Architect
Chereskin Architecture is an architectural firm based in San Diego California. Chereskin Architecture specializes in Commercial (Health Care) and Residential projects in San Diego. Architectural services from Pre-Design through Construction Administration. Services include partial and total custom home remodels, Architectural Design including 3-D CAD renderings and blueprint build-ready drawings as well as conceptual architectural design sketches. Construction Management of projects of many sizes. Sam Chereskin is an award winning architect in San Diego who can design your home in any architectural style. Servicing all of San Diego county (Encinitas, Carlsbad, Del Mar, Solana Beach, La Jolla, Rancho Santa Fe, Point Loma, Downtown San Diego, Poway, Escondido, Fallbrook, Oceanside) and other parts of San Diego and California.

Play Online Bingo- Read reviews of UK bingo sites
Reviews the best bingo sites in the UK. Download and play bingo games online using the safest bingo rooms in the UK including free bingo. Also, why not become part of our lively online bingo community, it's a great place to discuss bingo news, deals and winnings! Join in the fun today.

HIDDEN SPY CAMERA
Hidden spy cameras from SECURE AT. Buy a small, secret spy cam for your surveillance security needs whether for home or business. Complete spy camera supply.

Boston Wedding Band and MA Wedding Band Performers
Looking for the best Boston Wedding Band? Contact Center Stage, Boston’s Premier Wedding Band with performances throughout MA.

Breast Enhance Pill - A Comparison and Review Resource for Natural Breast Enhancement Pills and Products
Breast enhancement info including reviews of the newest herbal breast enhancement and natural enlargement pills. Compare the best enhancement products, supplements and creams.

Car Decals
Get car decals Window that make you stand out. Millions of the highest quality car decals. We specialize in making custom car decals any text any font. Custom Decals and Premade Vehicle Decals & Lettering! Personal, Business & Car Clubs welcome! Want to show off your hot import or domestic vehicle?

Orange County Palm Trees with Brooker Palms | Southern California Palm Trees | Orange County Fruitless Olives | Palm Springs Palm Trees | Riverside Palm Trees
Brooker Palms offers the highest quality Palm Trees and Fruitless Olive trees in Orange County, Palm Springs and Riverside County. Stop by our nursery for a tour or call 714-773-9490 with questions. Ask about our web special today!

Laser Hair Removal Toronto
Laser hair removal and aesthetic services from Liliana Laser Clinic serving Toronto, located in Thornhill. Laser hair removal, skin tightening, microdermabrasion, photo-facial rejuvenation, and more beauty treatments.

Adventure Valley
Located in Thornhill, just north of Toronto, Adventure Valley is a Tennis Club and Recreation Centre offering a Summer Day Camp and a variety of Year-Round Programs and Activities.

San Antonio Math Tutor
Looking for a high quality, professional Math Tutor in San Antonio? Contact Jerry at 210-219-1630 for great results at affordable prices.

Golf Club Clones, Discount Golf Clubs for all players
Clone Golf club or high priced brand name Golf club, the ball can't tell them apart. Golf Club Clones in your bag means more money in your pocket. So anytime someone mentions Golf clubs, mention golf Club Clones at Crosshair Golf.