[19990617]RS20237_Brzonkala诉弗吉尼亚理工学院和州立大学的商业条款问题.pdf

U.S. Const. art. I, 8, cl. 3.142 U.S.C. 13981.2169 F.3d 820 (4 Cir. 1999).3thId. at 826-827. The Fourth Circuit also held that the statute exceeded congressional power under4(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20237June 17, 1999Commerce Clause Issues in Brzonkala v. VirginiaPolytechnic Institute and State University(name redacted)Legislative AttorneyAmerican Law DivisionSummaryIn Brzonkala v. Virginia Polytechnic Institute and State University, an en bancCourt of Appeals for the Fourth Circuit considered the constitutionality of 42 U.S.C.13981, which creates a federal cause of action against any person who commits a crimeof violence motivated by gender animus. Analyzing 13981 according to the frameworkdelineated in Lopez v. United States, the Fourth Circuit determined that gender motivatedviolence is not a commercial activity and is not substantially connected to interstatecommerce, rendering the statute invalid under the Commerce Clause.Determining that widespread and pervasive acts of gender-motivated violence havea deleterious effect on the national economy and interstate commerce by re