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Volumn 34, Issue 2, 2004, Pages 39-67

Consequences of the Rehnquist Court's federalism decisions for congressional lawmaking

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EID: 13644269969     PISSN: 00485950     EISSN: None     Source Type: Journal    
DOI: 10.1093/oxfordjournals.pubjof.a005029     Document Type: Review
Times cited : (6)

References (127)
  • 1
    • 13644258281 scopus 로고    scopus 로고
    • Taking what they give us: Explaining the Court's federalism offensive
    • October
    • Few scholars would likely disagree with Keith E. Whittington's conclusion that: "Although in some instances the Court has been careful to emphasize some continuity with prior doctrine, there is little question that the Court's assertiveness on federalism over the past decade is quite distinct from its deference during earlier decades and that the hurdles that the Court is now throwing up against congressional action were not recognized as even existing ten years ago." "Taking What They Give Us: Explaining the Court's Federalism Offensive," Duke Law Journal 51 (October 2001): 487.
    • (2001) Duke Law Journal , vol.51 , pp. 487
  • 2
    • 13644250525 scopus 로고    scopus 로고
    • 514 U.S. 549 (1995)
    • 514 U.S. 549 (1995).
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    • 13644261977 scopus 로고    scopus 로고
    • 529 U.S. 598 (2000)
    • 529 U.S. 598 (2000).
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    • 13644266673 scopus 로고    scopus 로고
    • 521 U.S. 507 (1997)
    • 521 U.S. 507 (1997).
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    • 13644258274 scopus 로고    scopus 로고
    • 505 U.S. 144 (1992)
    • 505 U.S. 144 (1992).
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    • 13644251336 scopus 로고    scopus 로고
    • 521 U.S. 898 (1997)
    • 521 U.S. 898 (1997).
  • 7
    • 13644252131 scopus 로고    scopus 로고
    • 517 U.S. 44 (1996)
    • 517 U.S. 44 (1996).
  • 8
    • 13644255845 scopus 로고    scopus 로고
    • 527 U.S. 628 (1999)
    • 527 U.S. 628 (1999).
  • 9
    • 13644260373 scopus 로고    scopus 로고
    • 527 U.S. 666 (1999)
    • 527 U.S. 666 (1999).
  • 10
    • 13644270156 scopus 로고    scopus 로고
    • 527 U.S. 706 (1999)
    • 527 U.S. 706 (1999).
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    • 13644255149 scopus 로고    scopus 로고
    • 528 U.S. 62 (2000)
    • 528 U.S. 62 (2000).
  • 12
    • 13644264565 scopus 로고    scopus 로고
    • 531 U.S. 356 (2001)
    • 531 U.S. 356 (2001).
  • 13
    • 84865658939 scopus 로고    scopus 로고
    • Federalism, yes; activism, no
    • July
    • There are, to be sure, other federalism decisions that might be examined, such as several rulings regarding the interpretation of congressional statutes. In fact, several scholars have argued that these statutory federalism decisions have had significant consequences, particularly in regard to limiting the use of individual rights of action to enforce federal statutory requirements against state and local officials. See Michael S. Greve, "Federalism, Yes; Activism, No," AEI Federalist Outlook No. 7 (July 2001); R. Shep Melnick, "Deregulating the States: Federalism in the Rehnquist Court," Evolving Federalisms: The Intergovernmental Balance of Power in America and Europe (Syracuse, NY: Campbell Public Affairs Institute, 2003), pp. 109-141. There are also several other ways that one might measure the consequences of the Court's federalism decisions. One might, for instance, study the consequences of these decisions for lower courts. See, for instance, Glenn H. Reynolds and Brannon P. Denning, "Lower Court Readings of Lopex, or What if the Supreme Court Held a Constitutional Revolution and Nobody Came?" Wisconsin Law Review (2000): 369-402; Brannon P. Denning and Glenn H. Reynolds, "Rulings and Resistance: The New Commerce Clause Jurisprudence Encounters the Lower Courts," Arkansas Law Review 55 (2003): 1253-1310. One might also assess the consequences of these decisions for individuals, particularly in regard to their enjoyment of rights and ability to redress grievances. For a study of this sort regarding the effects of the Court's Eleventh Amendment decisions, see U.S. General Accounting Office, Intellectual Property: State Immunity in Infringement Actions (Washington, DC: GAO, 2001), GAO-01-811.
    • (2001) AEI Federalist Outlook , Issue.7
    • Greve, M.S.1
  • 14
    • 13644270155 scopus 로고    scopus 로고
    • Deregulating the states: Federalism in the rehnquist court
    • Syracuse, NY: Campbell Public Affairs Institute
    • There are, to be sure, other federalism decisions that might be examined, such as several rulings regarding the interpretation of congressional statutes. In fact, several scholars have argued that these statutory federalism decisions have had significant consequences, particularly in regard to limiting the use of individual rights of action to enforce federal statutory requirements against state and local officials. See Michael S. Greve, "Federalism, Yes; Activism, No," AEI Federalist Outlook No. 7 (July 2001); R. Shep Melnick, "Deregulating the States: Federalism in the Rehnquist Court," Evolving Federalisms: The Intergovernmental Balance of Power in America and Europe (Syracuse, NY: Campbell Public Affairs Institute, 2003), pp. 109-141. There are also several other ways that one might measure the consequences of the Court's federalism decisions. One might, for instance, study the consequences of these decisions for lower courts. See, for instance, Glenn H. Reynolds and Brannon P. Denning, "Lower Court Readings of Lopex, or What if the Supreme Court Held a Constitutional Revolution and Nobody Came?" Wisconsin Law Review (2000): 369-402; Brannon P. Denning and Glenn H. Reynolds, "Rulings and Resistance: The New Commerce Clause Jurisprudence Encounters the Lower Courts," Arkansas Law Review 55 (2003): 1253-1310. One might also assess the consequences of these decisions for individuals, particularly in regard to their enjoyment of rights and ability to redress grievances. For a study of this sort regarding the effects of the Court's Eleventh Amendment decisions, see U.S. General Accounting Office, Intellectual Property: State Immunity in Infringement Actions (Washington, DC: GAO, 2001), GAO-01-811.
    • (2003) Evolving Federalisms: The Intergovernmental Balance of Power in America and Europe , pp. 109-141
    • Melnick, R.S.1
  • 15
    • 0347740407 scopus 로고    scopus 로고
    • Lower court readings of lopex, or what if the supreme court held a constitutional revolution and nobody came?
    • There are, to be sure, other federalism decisions that might be examined, such as several rulings regarding the interpretation of congressional statutes. In fact, several scholars have argued that these statutory federalism decisions have had significant consequences, particularly in regard to limiting the use of individual rights of action to enforce federal statutory requirements against state and local officials. See Michael S. Greve, "Federalism, Yes; Activism, No," AEI Federalist Outlook No. 7 (July 2001); R. Shep Melnick, "Deregulating the States: Federalism in the Rehnquist Court," Evolving Federalisms: The Intergovernmental Balance of Power in America and Europe (Syracuse, NY: Campbell Public Affairs Institute, 2003), pp. 109-141. There are also several other ways that one might measure the consequences of the Court's federalism decisions. One might, for instance, study the consequences of these decisions for lower courts. See, for instance, Glenn H. Reynolds and Brannon P. Denning, "Lower Court Readings of Lopex, or What if the Supreme Court Held a Constitutional Revolution and Nobody Came?" Wisconsin Law Review (2000): 369-402; Brannon P. Denning and Glenn H. Reynolds, "Rulings and Resistance: The New Commerce Clause Jurisprudence Encounters the Lower Courts," Arkansas Law Review 55 (2003): 1253-1310. One might also assess the consequences of these decisions for individuals, particularly in regard to their enjoyment of rights and ability to redress grievances. For a study of this sort regarding the effects of the Court's Eleventh Amendment decisions, see U.S. General Accounting Office, Intellectual Property: State Immunity in Infringement Actions (Washington, DC: GAO, 2001), GAO-01-811.
    • (2000) Wisconsin Law Review , pp. 369-402
    • Reynolds, G.H.1    Denning, B.P.2
  • 16
    • 13644256628 scopus 로고    scopus 로고
    • Rulings and resistance: The new commerce clause jurisprudence encounters the lower courts
    • There are, to be sure, other federalism decisions that might be examined, such as several rulings regarding the interpretation of congressional statutes. In fact, several scholars have argued that these statutory federalism decisions have had significant consequences, particularly in regard to limiting the use of individual rights of action to enforce federal statutory requirements against state and local officials. See Michael S. Greve, "Federalism, Yes; Activism, No," AEI Federalist Outlook No. 7 (July 2001); R. Shep Melnick, "Deregulating the States: Federalism in the Rehnquist Court," Evolving Federalisms: The Intergovernmental Balance of Power in America and Europe (Syracuse, NY: Campbell Public Affairs Institute, 2003), pp. 109-141. There are also several other ways that one might measure the consequences of the Court's federalism decisions. One might, for instance, study the consequences of these decisions for lower courts. See, for instance, Glenn H. Reynolds and Brannon P. Denning, "Lower Court Readings of Lopex, or What if the Supreme Court Held a Constitutional Revolution and Nobody Came?" Wisconsin Law Review (2000): 369-402; Brannon P. Denning and Glenn H. Reynolds, "Rulings and Resistance: The New Commerce Clause Jurisprudence Encounters the Lower Courts," Arkansas Law Review 55 (2003): 1253-1310. One might also assess the consequences of these decisions for individuals, particularly in regard to their enjoyment of rights and ability to redress grievances. For a study of this sort regarding the effects of the Court's Eleventh Amendment decisions, see U.S. General Accounting Office, Intellectual Property: State Immunity in Infringement Actions (Washington, DC: GAO, 2001), GAO-01-811.
    • (2003) Arkansas Law Review , vol.55 , pp. 1253-1310
    • Denning, B.P.1    Reynolds, G.H.2
  • 17
    • 0004213731 scopus 로고    scopus 로고
    • Washington, DC: GAO, GAO-01-811
    • There are, to be sure, other federalism decisions that might be examined, such as several rulings regarding the interpretation of congressional statutes. In fact, several scholars have argued that these statutory federalism decisions have had significant consequences, particularly in regard to limiting the use of individual rights of action to enforce federal statutory requirements against state and local officials. See Michael S. Greve, "Federalism, Yes; Activism, No," AEI Federalist Outlook No. 7 (July 2001); R. Shep Melnick, "Deregulating the States: Federalism in the Rehnquist Court," Evolving Federalisms: The Intergovernmental Balance of Power in America and Europe (Syracuse, NY: Campbell Public Affairs Institute, 2003), pp. 109-141. There are also several other ways that one might measure the consequences of the Court's federalism decisions. One might, for instance, study the consequences of these decisions for lower courts. See, for instance, Glenn H. Reynolds and Brannon P. Denning, "Lower Court Readings of Lopex, or What if the Supreme Court Held a Constitutional Revolution and Nobody Came?" Wisconsin Law Review (2000): 369-402; Brannon P. Denning and Glenn H. Reynolds, "Rulings and Resistance: The New Commerce Clause Jurisprudence Encounters the Lower Courts," Arkansas Law Review 55 (2003): 1253-1310. One might also assess the consequences of these decisions for individuals, particularly in regard to their enjoyment of rights and ability to redress grievances. For a study of this sort regarding the effects of the Court's Eleventh Amendment decisions, see U.S. General Accounting Office, Intellectual Property: State Immunity in Infringement Actions (Washington, DC: GAO, 2001), GAO-01-811.
    • (2001) Intellectual Property: State Immunity in Infringement Actions
  • 18
    • 13644257475 scopus 로고    scopus 로고
    • U.S. Congress, Senate, 106th Cong., 2nd sess.
    • U.S. Congress, Senate, Congressional Record, 106th Cong., 2nd sess., 2000, vol. 146, p. S3970.
    • (2000) Congressional Record , vol.146
  • 19
    • 6944255824 scopus 로고    scopus 로고
    • The supreme court, federalism, and social policy: The new judicial activism
    • June
    • Vicki Lens, "The Supreme Court, Federalism, and Social Policy: The New Judicial Activism," Social Service Review 75 (June 2001): 318.
    • (2001) Social Service Review , vol.75 , pp. 318
    • Lens, V.1
  • 20
    • 0040968511 scopus 로고    scopus 로고
    • The rehnquist court and contemporary American federalism
    • Summer
    • Timothy J. Conlan and Francois Vergniolle de Chantal, "The Rehnquist Court and Contemporary American Federalism," Political Science Quarterly 116 (Summer 2001): 266.
    • (2001) Political Science Quarterly , vol.116 , pp. 266
    • Conlan, T.J.1    De Chantal, F.V.2
  • 21
    • 13644252129 scopus 로고    scopus 로고
    • The federalism-rights nexus: Explaining why senate democrats tolerate rehnquist court decision making but not the rehnquist court
    • Neal Devins, "The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not the Rehnquist Court," University of Colorado Law Review 73 (2002): 1314-1315.
    • (2002) University of Colorado Law Review , vol.73 , pp. 1314-1315
    • Devins, N.1
  • 22
    • 0004030133 scopus 로고
    • Washington, DC: CQ Press
    • Political scientists have had a long-standing interest in analyzing the consequences of judicial decisions. See, for instance, Bradley C. Canon and Charles A. Johnson, Judicial Policies: Implementation and Impact (Washington, DC: CQ Press, 1984). But this question has been given renewed attention with the arrival of Gerald N. Rosenberg, The Hollow Hope: Can Courts Bring About Social Change? (Chicago: University of Chicago Press, 1991).
    • (1984) Judicial Policies: Implementation and Impact
    • Canon, B.C.1    Johnson, C.A.2
  • 23
    • 84935581719 scopus 로고
    • Chicago: University of Chicago Press
    • Political scientists have had a long-standing interest in analyzing the consequences of judicial decisions. See, for instance, Bradley C. Canon and Charles A. Johnson, Judicial Policies: Implementation and Impact (Washington, DC: CQ Press, 1984). But this question has been given renewed attention with the arrival of Gerald N. Rosenberg, The Hollow Hope: Can Courts Bring About Social Change? (Chicago: University of Chicago Press, 1991).
    • (1991) The Hollow Hope: Can Courts Bring about Social Change?
    • Rosenberg, G.N.1
  • 24
    • 13644264558 scopus 로고
    • Cambridge, MA: Belknap Press
    • In this case, as well, there has been a long-standing interest in the question of how the Constitution is treated outside of the courts. See Donald G. Morgan, Congress and the Constitution: A Study of Responsibility (Cambridge, MA: Belknap Press, 1966). But in the last decade a number of other studies have been published in this area, including James Meernik and Joseph Ignagni, "Judicial Review and Coordinate Construction of the Constitution," American Journal of Political Science 41 (April 1997): 447-467; Keith E. Whittington, Constitutional Construction: Divided Powers and Constitutional Meaning (Cambridge: Harvard University Press, 1999); and Mark V. Tushnet, Taking the Constitution Away from the Courts (Princeton, NJ: Princeton University Press, 1999).
    • (1966) Congress and the Constitution: A Study of Responsibility
    • Morgan, D.G.1
  • 25
    • 0031116197 scopus 로고    scopus 로고
    • Judicial review and coordinate construction of the constitution
    • April
    • In this case, as well, there has been a long-standing interest in the question of how the Constitution is treated outside of the courts. See Donald G. Morgan, Congress and the Constitution: A Study of Responsibility (Cambridge, MA: Belknap Press, 1966). But in the last decade a number of other studies have been published in this area, including James Meernik and Joseph Ignagni, "Judicial Review and Coordinate Construction of the Constitution," American Journal of Political Science 41 (April 1997): 447-467; Keith E. Whittington, Constitutional Construction: Divided Powers and Constitutional Meaning (Cambridge: Harvard University Press, 1999); and Mark V. Tushnet, Taking the Constitution Away from the Courts (Princeton, NJ: Princeton University Press, 1999).
    • (1997) American Journal of Political Science , vol.41 , pp. 447-467
    • Meernik, J.1    Ignagni, J.2
  • 26
    • 0004136172 scopus 로고    scopus 로고
    • Cambridge: Harvard University Press
    • In this case, as well, there has been a long-standing interest in the question of how the Constitution is treated outside of the courts. See Donald G. Morgan, Congress and the Constitution: A Study of Responsibility (Cambridge, MA: Belknap Press, 1966). But in the last decade a number of other studies have been published in this area, including James Meernik and Joseph Ignagni, "Judicial Review and Coordinate Construction of the Constitution," American Journal of Political Science 41 (April 1997): 447-467; Keith E. Whittington, Constitutional Construction: Divided Powers and Constitutional Meaning (Cambridge: Harvard University Press, 1999); and Mark V. Tushnet, Taking the Constitution Away from the Courts (Princeton, NJ: Princeton University Press, 1999).
    • (1999) Constitutional Construction: Divided Powers and Constitutional Meaning
    • Whittington, K.E.1
  • 27
    • 0003753338 scopus 로고    scopus 로고
    • Princeton, NJ: Princeton University Press
    • In this case, as well, there has been a long-standing interest in the question of how the Constitution is treated outside of the courts. See Donald G. Morgan, Congress and the Constitution: A Study of Responsibility (Cambridge, MA: Belknap Press, 1966). But in the last decade a number of other studies have been published in this area, including James Meernik and Joseph Ignagni, "Judicial Review and Coordinate Construction of the Constitution," American Journal of Political Science 41 (April 1997): 447-467; Keith E. Whittington, Constitutional Construction: Divided Powers and Constitutional Meaning (Cambridge: Harvard University Press, 1999); and Mark V. Tushnet, Taking the Constitution Away from the Courts (Princeton, NJ: Princeton University Press, 1999).
    • (1999) Taking the Constitution Away from the Courts
    • Tushnet, M.V.1
  • 30
    • 13644269126 scopus 로고    scopus 로고
    • Ibid., 25. Devins also undertook a brief study of the consequences of these decisions, when he counted the number of times that "members of Congress have mentioned the precedential value" of each of the Court's recent commerce clause, Tenth Amendment, and Fourteenth Amendment rulings, and found that they have received infrequent mention. "Congress as Culprit: How Lawmakers Spurred on the Court's Anti-Congress Crusade," Duke Law Journal 51 (October 2001): 451.
    • Congress and Constitutional Deliberation: The Role of Judicial Review in A Separated System , pp. 25
  • 31
    • 13644253589 scopus 로고    scopus 로고
    • Congress as culprit: How lawmakers spurred on the court's anti-congress crusade
    • October
    • Ibid., 25. Devins also undertook a brief study of the consequences of these decisions, when he counted the number of times that "members of Congress have mentioned the precedential value" of each of the Court's recent commerce clause, Tenth Amendment, and Fourteenth Amendment rulings, and found that they have received infrequent mention. "Congress as Culprit: How Lawmakers Spurred on the Court's Anti-Congress Crusade," Duke Law Journal 51 (October 2001): 451.
    • (2001) Duke Law Journal , vol.51 , pp. 451
  • 32
    • 0038578337 scopus 로고    scopus 로고
    • Congressional responses to the rehnquist court's federalism decisions
    • Summer
    • John Dinan, "Congressional Responses to the Rehnquist Court's Federalism Decisions," Publius: The Journal of Federalism 32 (Summer 2002): 1-24. "In one instance, the Lopez case, a Court decision was effectively overcome. In another instance, the Boerne case, a Court decision was partially overcome. In still another instance, the Printz case, a Court decision was overcome in effect, by virtue of the fact that the invalidated provision was only an interim measure. In all of the remaining instances, including the New York, Monison, Seminole Tribe, Florida Prepaid, College Savings Bank, Alden, Kimel, and Garrett cases, the Court's decisions have not been overcome. Either no steps have been taken to respond to the decision, or Congress has tried, but failed, to enact a statutory response." (p. 23)
    • (2002) Publius: The Journal of Federalism , vol.32 , pp. 1-24
    • Dinan, J.1
  • 33
    • 85142334794 scopus 로고    scopus 로고
    • "In one instance, the Lopez case, a Court decision was effectively overcome. In another instance, the Boerne case, a Court decision was partially overcome. In still another instance, the Printz case, a Court decision was overcome in effect, by virtue of the fact that the invalidated provision was only an interim measure. In all of the remaining instances, including the New York, Monison, Seminole Tribe, Florida Prepaid, College Savings Bank, Alden, Kimel, and Garrett cases, the Court's decisions have not been overcome. Either no steps have been taken to respond to the decision, or Congress has tried, but failed, to enact a statutory response." (p. 23)
    • John Dinan, "Congressional Responses to the Rehnquist Court's Federalism Decisions," Publius: The Journal of Federalism 32 (Summer 2002): 1-24. "In one instance, the Lopez case, a Court decision was effectively overcome. In another instance, the Boerne case, a Court decision was partially overcome. In still another instance, the Printz case, a Court decision was overcome in effect, by virtue of the fact that the invalidated provision was only an interim measure. In all of the remaining instances, including the New York, Monison, Seminole Tribe, Florida Prepaid, College Savings Bank, Alden, Kimel, and Garrett cases, the Court's decisions have not been overcome. Either no steps have been taken to respond to the decision, or Congress has tried, but failed, to enact a statutory response." (p. 23)
  • 34
    • 84860089860 scopus 로고    scopus 로고
    • These bills were identified by conducting a LEXIS search of the Congressional Record, committee testimony, and committee reports from the 104th through the 107th Congresses using the term "Supreme Court" and each of the following terms: "Lopez," "Morrison," "Boerne," "New York," "Printz," "Seminole Tribe," "Florida Prepaid," "College Savings Bank," "Alden," "Kimel," and "Garrett"
    • These bills were identified by conducting a LEXIS search of the Congressional Record, committee testimony, and committee reports from the 104th through the 107th Congresses using the term "Supreme Court" and each of the following terms: "Lopez," "Morrison," "Boerne," "New York," "Printz," "Seminole Tribe," "Florida Prepaid," "College Savings Bank," "Alden," "Kimel," and "Garrett."
  • 35
    • 13644258857 scopus 로고    scopus 로고
    • Church-burning legislation heads to Clinton's desk
    • 29 June
    • Charles R. Wolpoff, "Church-Burning Legislation Heads to Clinton's Desk," CQ Weekly 54 (29 June 1996): 1880.
    • (1996) CQ Weekly , vol.54 , pp. 1880
    • Wolpoff, C.R.1
  • 36
    • 13644252115 scopus 로고    scopus 로고
    • U.S. Congress, House, Committee on the Judiciary, 104th Cong., 2nd sess., H. Rpt.
    • U.S. Congress, House, Committee on the Judiciary, Church Arson Prevention Act of 1996, 104th Cong., 2nd sess., 1996, H. Rpt. 104-621.
    • (1996) Church Arson Prevention Act of 1996 , pp. 104-621
  • 37
    • 13644265369 scopus 로고    scopus 로고
    • U.S. Congress, House, 104th Cong., 2nd sess.
    • U.S. Congress, House, Congressional Record, 104th Cong., 2nd sess., 1996, vol. 142, p. H6451.
    • (1996) Congressional Record , vol.142
  • 38
    • 13644257464 scopus 로고    scopus 로고
    • 392 U.S. 409 (1968)
    • 392 U.S. 409 (1968).
  • 39
    • 13644261969 scopus 로고    scopus 로고
    • Ibid
    • I b i d.
  • 40
    • 13644266674 scopus 로고    scopus 로고
    • Ibid
    • I b i d.
  • 41
    • 13644258272 scopus 로고    scopus 로고
    • Ibid
    • I b i d.
  • 42
    • 13644270146 scopus 로고    scopus 로고
    • Testimony of chairman Bill McCollum
    • U.S. Congress, House, Committee on the Judiciary, Subcommittee on Crime, 106th Cong., 2nd sess., 11 May
    • "Testimony of Chairman Bill McCollum," U.S. Congress, House, Committee on the Judiciary, Subcommittee on Crime, H.R. 894, H.H. 4045, H.R. 4047, and H.R. 4147, 106th Cong., 2nd sess., 11 May 2000.
    • (2000) H.R. 894, H.H. 4045, H.R. 4047, and H.R. 4147
  • 43
    • 13644255839 scopus 로고    scopus 로고
    • 483 U.S. 203 (1987)
    • 483 U.S. 203 (1987).
  • 44
    • 13644255838 scopus 로고    scopus 로고
    • Weary of Juvenile justice logjam, members move provisions separately
    • 15 July
    • Elizabeth A. Palmer, "Weary of Juvenile Justice Logjam, Members Move Provisions Separately," CQ Weekly 58 (15 July 2000): 1728.
    • (2000) CQ Weekly , vol.58 , pp. 1728
    • Palmer, E.A.1
  • 45
    • 13644263058 scopus 로고    scopus 로고
    • U.S. Congress, Senate, 106th Cong., 2nd sess.
    • U.S. Congress, Senate, Congressional Record, 106th Cong., 2nd sess., 2000, vol. 146, pp. S10207-10208.
    • (2000) Congressional Record , vol.146
  • 49
    • 13644261968 scopus 로고    scopus 로고
    • Senate clears crime bill reauthorizing violence against women act and criminalizing trafficking in persons
    • 14 October
    • Elizabeth A. Palmer, "Senate Clears Crime Bill Reauthorizing Violence Against Women Act and Criminalizing Trafficking in Persons," CQ Weekly 58 (14 October 2000): 2410.
    • (2000) CQ Weekly , vol.58 , pp. 2410
    • Palmer, E.A.1
  • 50
    • 0346323075 scopus 로고    scopus 로고
    • 2002 Legislative summary: Anti-crime package
    • 16 December
    • "2002 Legislative Summary: Anti-Crime Package," CQ Weekly 58 (16 December 2000): 2914.
    • (2000) CQ Weekly , vol.58 , pp. 2914
  • 51
    • 13644264559 scopus 로고    scopus 로고
    • U.S. Congress, Senate, Committee on the Judiciary, 107th Cong., 2nd sess., S. Rpt.
    • U.S. Congress, Senate, Committee on the Judiciary, The Local Law Enforcement Enhancement Act, 107th Cong., 2nd sess., 2002, S. Rpt. 107-147.
    • (2002) The Local Law Enforcement Enhancement Act , pp. 107-147
  • 52
    • 13644263915 scopus 로고    scopus 로고
    • For an analysis of the way in which the Court's federalism decisions affected the drafting of the bill in the 105th Congress, see Pickerill, "Congress and Constitutional Deliberation," pp. 188-191.
    • Congress and Constitutional Deliberation , pp. 188-191
    • Pickerill1
  • 53
    • 13644264559 scopus 로고    scopus 로고
    • U.S. Congress, Senate, Committee on the Judiciary, 107th Cong., 2nd sess., S. Rpt.
    • U.S. Congress, Senate, Committee on the Judiciary, The Local Law Enforcement Enhancement Act, 107th Cong., 2nd sess., 2002, S. Rpt. 107-147. To be sure, several legal scholars raised questions about whether the current Court would be willing to interpret the Thirteenth Amendment in such an expansive fashion, especially in regard to crimes based on religion or national origin. Because the Rehnquist Court had not yet passed judgment on this question, though, these scholars were hesitant to conclude definitively that this section would fail to meet the Court's approval. See, for instance, "Prepared Statement of John C. Harrison, Associate Professor of Law, University of Virginia," U.S. Congress, House, Committee on the Judiciary, Constitutional Issues Associated with H.R. 3801, 105th Cong., 2nd sess., 22 July 1998; "Prepared Testimony of Akhil Reed Amar," U.S. Congress, Senate, Committee on the Judiciary, Hate Crimes, 106th Cong., 1st sess., 11 May 1999; "Prepared Testimony of John Yoo, Professor of Law, Boalt Hall School of Law, University of California at Berkeley," U.S. Congress, House, Committee on the Judiciary, Hate Crimes Violence, 106th Cong., 1st sess., 4 August 1999.
    • (2002) The Local Law Enforcement Enhancement Act , pp. 107-147
  • 54
    • 13644253584 scopus 로고    scopus 로고
    • Prepared statement of John C. Harrison, associate professor of law, university of Virginia
    • U.S. Congress, House, Committee on the Judiciary, 105th Cong., 2nd sess., 22 July
    • U.S. Congress, Senate, Committee on the Judiciary, The Local Law Enforcement Enhancement Act, 107th Cong., 2nd sess., 2002, S. Rpt. 107-147. To be sure, several legal scholars raised questions about whether the current Court would be willing to interpret the Thirteenth Amendment in such an expansive fashion, especially in regard to crimes based on religion or national origin. Because the Rehnquist Court had not yet passed judgment on this question, though, these scholars were hesitant to conclude definitively that this section would fail to meet the Court's approval. See, for instance, "Prepared Statement of John C. Harrison, Associate Professor of Law, University of Virginia," U.S. Congress, House, Committee on the Judiciary, Constitutional Issues Associated with H.R. 3801, 105th Cong., 2nd sess., 22 July 1998; "Prepared Testimony of Akhil Reed Amar," U.S. Congress, Senate, Committee on the Judiciary, Hate Crimes, 106th Cong., 1st sess., 11 May 1999; "Prepared Testimony of John Yoo, Professor of Law, Boalt Hall School of Law, University of California at Berkeley," U.S. Congress, House, Committee on the Judiciary, Hate Crimes Violence, 106th Cong., 1st sess., 4 August 1999.
    • (1998) Constitutional Issues Associated with H.R. 3801
  • 55
    • 13644252817 scopus 로고    scopus 로고
    • Prepared testimony of Akhil Reed Amar
    • U.S. Congress, Senate, Committee on the Judiciary, 106th Cong., 1st sess., 11 May
    • U.S. Congress, Senate, Committee on the Judiciary, The Local Law Enforcement Enhancement Act, 107th Cong., 2nd sess., 2002, S. Rpt. 107-147. To be sure, several legal scholars raised questions about whether the current Court would be willing to interpret the Thirteenth Amendment in such an expansive fashion, especially in regard to crimes based on religion or national origin. Because the Rehnquist Court had not yet passed judgment on this question, though, these scholars were hesitant to conclude definitively that this section would fail to meet the Court's approval. See, for instance, "Prepared Statement of John C. Harrison, Associate Professor of Law, University of Virginia," U.S. Congress, House, Committee on the Judiciary, Constitutional Issues Associated with H.R. 3801, 105th Cong., 2nd sess., 22 July 1998; "Prepared Testimony of Akhil Reed Amar," U.S. Congress, Senate, Committee on the Judiciary, Hate Crimes, 106th Cong., 1st sess., 11 May 1999; "Prepared Testimony of John Yoo, Professor of Law, Boalt Hall School of Law, University of California at Berkeley," U.S. Congress, House, Committee on the Judiciary, Hate Crimes Violence, 106th Cong., 1st sess., 4 August 1999.
    • (1999) Hate Crimes
  • 56
    • 13644251330 scopus 로고    scopus 로고
    • Prepared testimony of John Yoo, professor of law, Boalt Hall school of law, university of California at Berkeley
    • U.S. Congress, House, Committee on the Judiciary, 106th Cong., 1st sess., 4 August
    • U.S. Congress, Senate, Committee on the Judiciary, The Local Law Enforcement Enhancement Act, 107th Cong., 2nd sess., 2002, S. Rpt. 107-147. To be sure, several legal scholars raised questions about whether the current Court would be willing to interpret the Thirteenth Amendment in such an expansive fashion, especially in regard to crimes based on religion or national origin. Because the Rehnquist Court had not yet passed judgment on this question, though, these scholars were hesitant to conclude definitively that this section would fail to meet the Court's approval. See, for instance, "Prepared Statement of John C. Harrison, Associate Professor of Law, University of Virginia," U.S. Congress, House, Committee on the Judiciary, Constitutional Issues Associated with H.R. 3801, 105th Cong., 2nd sess., 22 July 1998; "Prepared Testimony of Akhil Reed Amar," U.S. Congress, Senate, Committee on the Judiciary, Hate Crimes, 106th Cong., 1st sess., 11 May 1999; "Prepared Testimony of John Yoo, Professor of Law, Boalt Hall School of Law, University of California at Berkeley," U.S. Congress, House, Committee on the Judiciary, Hate Crimes Violence, 106th Cong., 1st sess., 4 August 1999.
    • (1999) Hate Crimes Violence
  • 57
    • 13644264559 scopus 로고    scopus 로고
    • U.S. Congress, Senate, Committee on the Judiciary, 107th Cong., 2nd sess., S. Rpt.
    • In particular, the government would be required "to prove, in hate crimes prosecutions involving conduct motivated by animus based on actual or perceived sexual orientation, gender, or disability, 'that (i) in connection with the offense, the defendant travel[ed] in interstate or foreign commerce, use[d] a facility or instrumentality of interstate or foreign commerce, or engage [d] in activities that affect interstate or foreign commerce; or (ii) the offense [wa]s in or affect[ed] interstate or foreign commerce.'" U.S. Congress, Senate, Committee on the Judiciary, The Local Law Enforcement Enhancement Act, 107th Cong., 2nd sess., 2002, S. Rpt. 107-147.
    • (2002) The Local Law Enforcement Enhancement Act , pp. 107-147
  • 59
    • 25944471274 scopus 로고    scopus 로고
    • U.S. Congress, Senate, 106th Cong., 2nd sess.
    • U.S. Congress, Senate, Congressional Record, 106th Cong., 2nd sess., 2000, vol. 146, pp. S5353-5355.
    • (2000) Congressional Record , vol.146
  • 64
    • 13644270152 scopus 로고    scopus 로고
    • U.S. Congress, Senate, 106th Cong., 2nd sess.
    • U.S. Congress, Senate, Congressional Record, 106th Cong., 2nd sess., 2000, vol. 146, p. S5343.
    • (2000) Congressional Record , vol.146
  • 65
    • 13644258872 scopus 로고    scopus 로고
    • Senate votes to expand federal hate crimes: Similar house action unlikely
    • 24 June
    • Elizabeth A. Palmer, "Senate Votes to Expand Federal Hate Crimes: Similar House Action Unlikely," CQ Weekly 58 (24 June 2000): 1533.
    • (2000) CQ Weekly , vol.58 , pp. 1533
    • Palmer, E.A.1
  • 66
    • 13644269133 scopus 로고    scopus 로고
    • U.S. Congress, Senate, 106th Cong., 2nd sess.
    • U.S. Congress, Senate, Congressional Record, 106th Cong., 2nd sess., 2000, vol. 146, pp. S5427-5428.
    • (2000) Congressional Record , vol.146
  • 68
    • 13644268336 scopus 로고    scopus 로고
    • Hate crime language fails in defense bill
    • 7 October
    • Elizabeth A. Palmer, "Hate Crime Language Fails in Defense Bill," CQ Weekly 58 (7 October 2000): 2350. Palmer explained: "While the Republican leadership in the House never allowed a vote on the legislation, that chamber voted 232-190 on Sept. 13 to instruct House conferees on the defense bill to accept the Senate language," only to see the conferees eliminate the hate-crimes provision from the defense bill.
    • (2000) CQ Weekly , vol.58 , pp. 2350
    • Palmer, E.A.1
  • 69
    • 13644258271 scopus 로고    scopus 로고
    • 2002 Legislative Summary: Hate crimes
    • 7 December
    • "2002 Legislative Summary: Hate Crimes" CQ Weekly 60 (7 December 2002): 3204-3205.
    • (2002) CQ Weekly , vol.60 , pp. 3204-3205
  • 70
    • 13644261159 scopus 로고    scopus 로고
    • U.S. Congress, Senate, Committee on the Judiciary, 107th Cong., 2nd sess., S. Rpt.
    • On the origin of the Innocence Protection Act, see U.S. Congress, Senate, Committee on the Judiciary, The Innocence Protection Act of 2002, 107th Cong., 2nd sess., 2002, S. Rpt. 107-315.
    • (2002) The Innocence Protection Act of 2002 , pp. 107-315
  • 72
    • 13644252130 scopus 로고    scopus 로고
    • 107th Cong., 2nd sess.
    • Ibid. For a discussion, see Jennifer A. Dlouhy, "Panel OKs DNA Testing of Suspects," CQ Weekly 60 (20 July 2002): 1960.
    • The Innocence Protection Act of 2002
  • 73
    • 13644256622 scopus 로고    scopus 로고
    • Panel OKs DNA testing of suspects
    • 20 July
    • Ibid. For a discussion, see Jennifer A. Dlouhy, "Panel OKs DNA Testing of Suspects," CQ Weekly 60 (20 July 2002): 1960.
    • (2002) CQ Weekly , vol.60 , pp. 1960
    • Dlouhy, J.A.1
  • 74
    • 13644251331 scopus 로고    scopus 로고
    • Testimony of California deputy attorney general ward A. Campbell
    • U.S. Congress, House, Committee on the Judiciary, Subcommittee on Crime, 106th Cong., 2nd sess., 20 June
    • "Testimony of California Deputy Attorney General Ward A. Campbell," U.S. Congress, House, Committee on the Judiciary, Subcommittee on Crime, The Innocence Protection Act of 2000, 106th Cong., 2nd sess., 20 June 2000.
    • (2000) The Innocence Protection Act of 2000
  • 75
    • 13644261159 scopus 로고    scopus 로고
    • U.S. Congress, Senate, Committee on the Judiciary, 107th Cong., 2nd sess., S. Rpt.
    • U.S. Congress, Senate, Committee on the Judiciary, The Innocence Protection Act of 2002, 107th Cong., 2nd sess., 2002, S. Rpt. 107-315.
    • (2002) The Innocence Protection Act of 2002 , pp. 107-315
  • 76
    • 13644269131 scopus 로고    scopus 로고
    • Illinois death row release stirs hill debate on scope of post-conviction DNA testing
    • 25 January
    • Kelly Field, "Illinois Death Row Release Stirs Hill Debate on Scope of Post-Conviction DNA Testing," CQ Weekly 61 (25 January 2003): 213.
    • (2003) CQ Weekly , vol.61 , pp. 213
    • Field, K.1
  • 77
    • 13644263917 scopus 로고    scopus 로고
    • U.S. Congress, Senate, 107th Cong., 2nd sess.
    • U.S. Congress, Senate, Congressional Record, 107th Cong., 2nd sess., 2000, vol. 148, p. S11247.
    • (2000) Congressional Record , vol.148
  • 78
    • 13644255844 scopus 로고    scopus 로고
    • U.S. Congress, House, 106th Cong., 2nd sess.
    • Quoted in U.S. Congress, House, Congressional Record, 106th Cong., 2nd sess., 2000, vol. 146, p. H6797.
    • (2000) Congressional Record , vol.146
  • 85
    • 13644259684 scopus 로고    scopus 로고
    • U.S. Congress, Senate, Committee on Health, Education, Labor, and Pensions, 107th Cong., 2nd sess., S. Rpt.
    • U.S. Congress, Senate, Committee on Health, Education, Labor, and Pensions, Employment Non-Discrimination Act of 2001, 107th Cong., 2nd sess., 2002, S. Rpt. 107-341.
    • (2002) Employment Non-Discrimination Act of 2001 , pp. 107-341
  • 88
    • 13644266672 scopus 로고    scopus 로고
    • GOP supporters help gay rights bill gain passage in senate committee, but considerable opposition remains
    • 27 April
    • Bill Swindell and Anjetta McQueen, "GOP Supporters Help Gay Rights Bill Gain Passage in Senate Committee, But Considerable Opposition Remains," CQ Weekly 60 (27 April 2002): 1098.
    • (2002) CQ Weekly , vol.60 , pp. 1098
    • Swindell, B.1    McQueen, A.2
  • 89
    • 13644249672 scopus 로고    scopus 로고
    • U.S. Congress, House, Committee on the Judiciary, 104th Cong., 2nd sess., H. Rpt.
    • U.S. Congress, House, Committee on the Judiciary, Defense of Marriage Act, 104th Cong., 2nd sess., 1996, H. Rpt. 104-664.
    • (1996) Defense of Marriage Act , pp. 104-664
  • 91
    • 13644255144 scopus 로고    scopus 로고
    • U.S. Congress, Senate, 104th Cong., 2nd sess.
    • U.S. Congress, Senate, Congressional Record, 104th Cong., 2nd sess., 1996, vol. 142, p. S5931.
    • (1996) Congressional Record , vol.142
  • 92
    • 13644258871 scopus 로고    scopus 로고
    • 104th Cong., 2nd sess.
    • Ibid. For a similar conclusion-that the act "is constitutionally ill-advised because it intrudes, without current cause, into a traditional domain of the states"-see the "Statement of Cass Sunstein, Professor of Law, University of Chicago," U.S. Congress, Senate, Committee on the Judiciary, S. 1740: The Defense of Marriage Act, 104th Cong., 2nd sess., 11 July 1996.
    • Congressional Record
  • 93
    • 13644252820 scopus 로고    scopus 로고
    • Statement of cass sunstein, professor of law, university of Chicago
    • U.S. Congress, Senate, Committee on the Judiciary, 104th Cong., 2nd sess., 11 July
    • Ibid. For a similar conclusion-that the act "is constitutionally ill-advised because it intrudes, without current cause, into a traditional domain of the states"-see the "Statement of Cass Sunstein, Professor of Law, University of Chicago," U.S. Congress, Senate, Committee on the Judiciary, S. 1740: The Defense of Marriage Act, 104th Cong., 2nd sess., 11 July 1996.
    • (1996) S. 1740: The Defense of Marriage Act
  • 94
    • 13644271154 scopus 로고    scopus 로고
    • House weighs in against same-sex marriages
    • 13 July
    • Holly Idelson, "House Weighs in Against Same-Sex Marriages," CQ Weekly 54 (13 July 1996): 1976.
    • (1996) CQ Weekly , vol.54 , pp. 1976
    • Idelson, H.1
  • 95
    • 13644263060 scopus 로고    scopus 로고
    • U.S. Congress, House, Committee on the Judiciary, 107th Cong., 2nd sess., H. Rpt.
    • U.S. Congress, House, Committee on the Judiciary, Child Custody Protection Act, 107th Cong., 2nd sess., 2002, H. Rpt. 107-397.
    • (2002) Child Custody Protection Act , pp. 107-397
  • 96
    • 13644252127 scopus 로고    scopus 로고
    • U.S. Congress, Senate, 105th Cong., 2nd sess.
    • U.S. Congress, Senate, Congressional Record, 105th Cong., 2nd sess., 1998, p. S10703.
    • (1998) Congressional Record
  • 97
    • 13644260372 scopus 로고    scopus 로고
    • Prepared statement of planned parenthood
    • U.S. Congress, House, Committee on the Judiciary, Subcommittee on the Constitution, 106th Cong., 1st sess., 27 May
    • "Prepared Statement of Planned Parenthood," U.S. Congress, House, Committee on the Judiciary, Subcommittee on the Constitution, The Child Custody Protection Act, 106th Cong., 1st sess., 27 May 1999.
    • (1999) The Child Custody Protection Act
  • 98
    • 13644263916 scopus 로고    scopus 로고
    • U.S. Congress, House, 107th Cong., 2nd sess.
    • U.S. Congress, House, Congressional Record, 107th Cong., 2nd sess., 2002, vol. 148, p. H1353.
    • (2002) Congressional Record , vol.148
  • 99
    • 13644258278 scopus 로고
    • U.S. Congress, House, Committee on the Judiciary, 104th Cong., 1st sess., H. Rpt.
    • U.S. Congress, House, Committee on the Judiciary, Partial-Birth Abortion Act of 1995, 104th Cong., 1st sess., 1995, H. Rpt. 104-267.
    • (1995) Partial-Birth Abortion Act of 1995 , pp. 104-267
  • 100
    • 13644261976 scopus 로고
    • U.S. Congress, Senate, 104th Cong., 1st sess.
    • U.S. Congress, Senate, Congressional Record, 104th Cong., 1st sess., 1995, vol. 141, p. S16761.
    • (1995) Congressional Record , vol.141
  • 101
    • 13644251334 scopus 로고
    • U.S. Congress, Senate, 104th Cong., 1st sess.
    • U.S. Congress, Senate, Congressional Record, 104th Cong., 1st sess., 1995, vol. 141, p. S17881.
    • (1995) Congressional Record , vol.141
  • 102
    • 13644253590 scopus 로고    scopus 로고
    • 2002 Legislative summary: Abortion restrictions
    • 7 December
    • "2002 Legislative Summary: Abortion Restrictions," CQ Weekly 60 (7 December 2002): 3186. In the 108th Congress, a partial-birth abortion ban once again passed both houses and this time was signed by President George W. Bush. See Jennifer A. Dlouhy, "Bush Signs 'Partial Birth' Abortion Ban," CQ Weekly 61 (8 November 2003): 2780.
    • (2002) CQ Weekly , vol.60 , pp. 3186
  • 103
    • 13644251333 scopus 로고    scopus 로고
    • Bush signs 'Partial birth' abortion ban
    • 8 November
    • "2002 Legislative Summary: Abortion Restrictions," CQ Weekly 60 (7 December 2002): 3186. In the 108th Congress, a partial-birth abortion ban once again passed both houses and this time was signed by President George W. Bush. See Jennifer A. Dlouhy, "Bush Signs 'Partial Birth' Abortion Ban," CQ Weekly 61 (8 November 2003): 2780.
    • (2003) CQ Weekly , vol.61 , pp. 2780
    • Dlouhy, J.A.1
  • 104
    • 13644270153 scopus 로고    scopus 로고
    • U.S. Congress, House, Committee on the Judiciary, 107th Cong., 1st sess., H. Rpt.
    • U.S. Congress, House, Committee on the Judiciary, The Born-Alive Infants Protection Act, 107th Cong., 1st sess., 2001, H. Rpt. 107-186.
    • (2001) The Born-Alive Infants Protection Act , pp. 107-186
  • 105
    • 13644253590 scopus 로고    scopus 로고
    • 2002 Legislative summary: Abortion restrictions
    • 7 December
    • "2002 Legislative Summary: Abortion Restrictions," CQ Weekly 60 (7 December 2002): 3186.
    • (2002) CQ Weekly , vol.60 , pp. 3186
  • 106
    • 13644258873 scopus 로고    scopus 로고
    • U.S. Congress, House, Committee on the Judiciary, 107th Cong., 1st sess., H. Rpt.
    • U.S. Congress, House, Committee on the Judiciary, Human Cloning Prohibition Act of 2001, 107th Cong., 1st sess., 2001, H. Rpt. 107-170. For an argument that the bill would pass constitutional muster, see "Testimony of Gerald V. Bradley, Professor of Law, University of Notre Dame," U.S. Congress, House, Committee on the Judiciary, Subcommittee on Crime, Hearings on Human Cloning, H.R. 1644, 107th Cong., 1st sess., 19 July 2001.
    • (2001) Human Cloning Prohibition Act of 2001 , pp. 107-170
  • 107
    • 13644250522 scopus 로고    scopus 로고
    • Testimony of Gerald V. Bradley, professor of law, university of notre dame
    • U.S. Congress, House, Committee on the Judiciary, Subcommittee on Crime, 107th Cong., 1st sess., 19 July
    • U.S. Congress, House, Committee on the Judiciary, Human Cloning Prohibition Act of 2001, 107th Cong., 1st sess., 2001, H. Rpt. 107-170. For an argument that the bill would pass constitutional muster, see "Testimony of Gerald V. Bradley, Professor of Law, University of Notre Dame," U.S. Congress, House, Committee on the Judiciary, Subcommittee on Crime, Hearings on Human Cloning, H.R. 1644, 107th Cong., 1st sess., 19 July 2001.
    • (2001) Hearings on Human Cloning, H.R. 1644
  • 108
    • 13644256626 scopus 로고    scopus 로고
    • 2002 Legislative summary: Human cloning ban
    • 7 December
    • The main dispute in the Senate, as in the House, was whether to ban all human cloning or merely to prohibit "reproductive" cloning. It was not possible for the Senate to agree on the rules for debating the issue, and so it was not taken up during that congressional session. "2002 Legislative Summary: Human Cloning Ban," CQ Weekly 60 (7 December 2002): 3206-3207.
    • (2002) CQ Weekly , vol.60 , pp. 3206-3207
  • 109
    • 13644271160 scopus 로고    scopus 로고
    • Prepared testimony by Richard P. Campbell, council member, ABA section on tort and insurance practice
    • U.S. Congress, Senate, Committee on Commerce, Science, and Transportation, 105th Cong., 2nd sess., 9 September
    • "Prepared Testimony by Richard P. Campbell, Council Member, ABA Section on Tort and Insurance Practice," U.S. Congress, Senate, Committee on Commerce, Science, and Transportation, The Auto Choice Reform Act of 1997, 105th Cong., 2nd sess., 9 September 1998.
    • (1998) The Auto Choice Reform Act of 1997
  • 110
    • 13644268340 scopus 로고    scopus 로고
    • Prepared statement of Gerard T. Noce, Esq., on behalf of the defense research institute and the Missouri organization of defense lawyers
    • U.S. Congress, Senate, Committee on Commerce, Science, and Transportation, 106th Cong., 1st sess., 9 June
    • "Prepared Statement of Gerard T. Noce, Esq., on behalf of the Defense Research Institute and the Missouri Organization of Defense Lawyers," U.S. Congress, Senate, Committee on Commerce, Science, and Transportation, S. 837 - The Auto Choice Reform Act, 106th Cong., 1st sess., 9 June 1999.
    • (1999) S. 837 - The Auto Choice Reform Act
  • 111
    • 13644261160 scopus 로고
    • U.S. Congress, Senate, 104th Cong., 1st sess., (quotations transposed)
    • U.S. Congress, Senate, Congressional Record, 104th Cong., 1st sess., 1995, vol. 141, p. S6047 (quotations transposed).
    • (1995) Congressional Record , vol.141
  • 112
    • 13644261160 scopus 로고
    • 104th Cong., 1st sess., (quotations transposed)
    • I b i d.
    • (1995) Congressional Record , vol.141
  • 113
    • 13644260365 scopus 로고
    • Dole Retrenches in defeat, plans narrower bill
    • 6 May
    • Although the Senate initially voted in favor of a McConnell amendment to cap punitive damages in medical-malpractice suits (by a 53-47 vote, over the objections of Thompson and five other Republicans as well as 41 Democrats) and a Dole amendment to cap punitive damages in all civil cases (by a 51-49 vote, over the objections of Thompson and six other Republicans as well as 42 Democrats), successive cloture votes on this broader bill failed (by a 46-53 vote, with Thompson, nine other Republicans, and 43 Democrats voting against, and then by a 47-52 vote, with Thompson, eight other Republicans, and 43 Democrats voting against), and at that point, the bill was redrawn so that it focused only on product-liability reform, and it passed by a 61-39 vote. On the debate over the Senate bill, see Allan Freedman, "Dole Retrenches in Defeat, Plans Narrower Bill," CQ Weekly 53 (6 May 1995): 1233; Allan Freedman, "Senate Passes Narrower Bill, A Portent for House Goal," CQ Weekly 53 (13 May 1995): 1317.
    • (1995) CQ Weekly , vol.53 , pp. 1233
    • Freedman, A.1
  • 114
    • 13644257474 scopus 로고
    • Senate passes narrower bill, a portent for house goal
    • 13 May
    • Although the Senate initially voted in favor of a McConnell amendment to cap punitive damages in medical-malpractice suits (by a 53-47 vote, over the objections of Thompson and five other Republicans as well as 41 Democrats) and a Dole amendment to cap punitive damages in all civil cases (by a 51-49 vote, over the objections of Thompson and six other Republicans as well as 42 Democrats), successive cloture votes on this broader bill failed (by a 46-53 vote, with Thompson, nine other Republicans, and 43 Democrats voting against, and then by a 47-52 vote, with Thompson, eight other Republicans, and 43 Democrats voting against), and at that point, the bill was redrawn so that it focused only on product-liability reform, and it passed by a 61-39 vote. On the debate over the Senate bill, see Allan Freedman, "Dole Retrenches in Defeat, Plans Narrower Bill," CQ Weekly 53 (6 May 1995): 1233; Allan Freedman, "Senate Passes Narrower Bill, A Portent for House Goal," CQ Weekly 53 (13 May 1995): 1317.
    • (1995) CQ Weekly , vol.53 , pp. 1317
    • Freedman, A.1
  • 115
    • 13644267524 scopus 로고    scopus 로고
    • Presidential veto message: Product liability bill rejected over consumer, state issues
    • 4 May
    • "Presidential Veto Message: Product Liability Bill Rejected Over Consumer, State Issues," CQ Weekly 54 (4 May 1996): 1253.
    • (1996) CQ Weekly , vol.54 , pp. 1253
  • 116
    • 13644270154 scopus 로고    scopus 로고
    • U.S. Congress, Senate, 107th Cong., 2nd sess.
    • U.S. Congress, Senate, Congressional Record, 107th Cong., 2nd sess., 2002, vol. 148, pp. S7532-7533.
    • (2002) Congressional Record , vol.148
  • 117
    • 13644259683 scopus 로고    scopus 로고
    • U.S. Congress, Senate, 107th Cong., 2nd sess.
    • U.S. Congress, Senate, Congressional Record, 107th Cong., 2nd sess., 2002, vol. 148, p. 7527.
    • (2002) Congressional Record , vol.148 , pp. 7527
  • 120
    • 13644269132 scopus 로고    scopus 로고
    • 7 December
    • "2002 Legislative Summary: Medical Malpractice Limits," CQ Weekly 60 (7 December 2002): 3197-3198.
    • (2002) CQ Weekly , vol.60 , pp. 3197-3198
  • 121
    • 13644258279 scopus 로고    scopus 로고
    • U.S. Congress, House, Committee on Veterans Affairs, 105th Gong., 2nd sess., H. Rpt.
    • U.S. Congress, House, Committee on Veterans Affairs, USERRA Amendments Act of 1998, 105th Gong., 2nd sess., 1998, H. Rpt. 105-448.
    • (1998) USERRA Amendments Act of 1998 , pp. 105-448
  • 122
    • 13644256627 scopus 로고    scopus 로고
    • U.S. Congress, House, 105th Cong., 2nd sess.
    • U.S. Congress, House, Congressional Record, 105th Cong., 2nd sess., 1998, vol. 144, pp. H1397-1398.
    • (1998) Congressional Record , vol.144
  • 123
    • 13644263061 scopus 로고    scopus 로고
    • U.S. Congress, Senate, 105th Cong., 2nd sess.
    • U.S. Congress, Senate, Congressional Record, 105th Cong., 2nd sess., 1998, vol. 144, p. S12934.
    • (1998) Congressional Record , vol.144
  • 124
    • 13644249673 scopus 로고    scopus 로고
    • Prepared testimony by Frederick H. Nesbitt, director of governmental affairs
    • U.S. Congress, House, Committee on Education and Workforce, Subcommittee on Employer-Employee Relations, 106th Cong., 2nd sess., 2 May
    • "Prepared Testimony by Frederick H. Nesbitt, Director of Governmental Affairs," U.S. Congress, House, Committee on Education and Workforce, Subcommittee on Employer-Employee Relations, The Public Safety Employer-Employee Cooperation Act, 106th Cong., 2nd sess., 2 May 2000.
    • (2000) The Public Safety Employer-Employee Cooperation Act
  • 125
    • 13644250523 scopus 로고    scopus 로고
    • Prepared testimony by Frederick H. Nesbitt, director of governmental affairs, international association of fire fighters
    • U.S. Congress, Senate, Committee on Health, Labor, Education, and Pensions, 106th Cong., 2nd sess.,25 July
    • "Prepared Testimony by Frederick H. Nesbitt, Director of Governmental Affairs, International Association of Fire Fighters," U.S. Congress, Senate, Committee on Health, Labor, Education, and Pensions, The Public Safety Employer-Employee Cooperation Act, 106th Cong., 2nd sess.,25 July 2000. To be sure, one individual who testified on this bill was not convinced that the original bill would run afoul of the Court's Eleventh Amendment decisions, and therefore that this change even had to be made. George Costello, an attorney with the Congressional Research Service, contended that because the bill "apparently authorizes injunctive relief but not actions for damages" in state courts, it was "not inconsistent with Alden v. Maine, in which the Court invalidated a provision of the FLSA subjecting states to damages actions in their own courts." "Prepared Testimony of George Costello, Legislative Attorney, American Law Division, Congressional Research Service," U.S. Congress, House, Committee on Education and Workforce, Subcommittee on Employer-Employee Relations, The Public Safety Employer-Employee Cooperation Act, 106th Cong., 2nd sess., 2 May 2000.
    • (2000) The Public Safety Employer-Employee Cooperation Act
  • 126
    • 13644252128 scopus 로고    scopus 로고
    • Prepared testimony of George Costello, legislative attorney, American law division, congressional research service
    • U.S. Congress, House, Committee on Education and Workforce, Subcommittee on Employer-Employee Relations, 106th Cong., 2nd sess., 2 May
    • "Prepared Testimony by Frederick H. Nesbitt, Director of Governmental Affairs, International Association of Fire Fighters," U.S. Congress, Senate, Committee on Health, Labor, Education, and Pensions, The Public Safety Employer-Employee Cooperation Act, 106th Cong., 2nd sess.,25 July 2000. To be sure, one individual who testified on this bill was not convinced that the original bill would run afoul of the Court's Eleventh Amendment decisions, and therefore that this change even had to be made. George Costello, an attorney with the Congressional Research Service, contended that because the bill "apparently authorizes injunctive relief but not actions for damages" in state courts, it was "not inconsistent with Alden v. Maine, in which the Court invalidated a provision of the FLSA subjecting states to damages actions in their own courts." "Prepared Testimony of George Costello, Legislative Attorney, American Law Division, Congressional Research Service," U.S. Congress, House, Committee on Education and Workforce, Subcommittee on Employer-Employee Relations, The Public Safety Employer-Employee Cooperation Act, 106th Cong., 2nd sess., 2 May 2000.
    • (2000) The Public Safety Employer-Employee Cooperation Act
  • 127
    • 13644251335 scopus 로고    scopus 로고
    • Prepared testimony by R. Theodore Clark
    • U.S. Congress, Senate, Committee on Health, Education, Labor, and Pensions, 106th Cong., 2nd sess., 25 July
    • "Prepared Testimony by R. Theodore Clark," U.S. Congress, Senate, Committee on Health, Education, Labor, and Pensions, The Public Safety Employer-Employee Cooperation Act, 106th Cong., 2nd sess., 25 July 2000.
    • (2000) The Public Safety Employer-Employee Cooperation Act


* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.