Reference no: EM131310761

Taylor v. UNITED STATES

Go to the website of the United States Supreme Court (www.supremecourt.gov). Find the link to theTaylor v. UNITED STATESdecision. (Here's a direct link:)

(https://www.supremecourt.gov/opinions/15pdf/14-6166_o7jp.pdf)

Read the entire decision and answer the questions below.

(Note: Cut and paste these questions. Post the appropriate response after each question. Submit a hard copy.)

1) Summarize the facts of the case - in your own words -by answering these questions:

a) Was this a criminal or civil matter? Why?

b) The defendant was charged with which underlying crime? How much cash did he get away with in the two criminal escapades?

c) Which part to the U.S. Constitution was at issue here? Include the actual language of this amendment.

2) What was the decision of the lower court? In your own words, what was their reasoning? What was the decision of the Fourth Circuit Court of Appeals?

3) The case is subtitled "Certiorari to the United States Court of Appeals for the Fourth Circuit." What is the meaning of "Certiorari"?

4) Justice Alito wrote the majority opinion for the court. Which Justices joined him?

5) What is the Hobbs Act? Is it federal law or state law?

6) Page 1 of majority opinion court refers to Gonzales v. Raich, 545 U. S. 1 (2005). In your own words, what happened in that case?

7) Why does the majority believe the Gonzales case is so important?

8) Page 4 of the majority opinion notes that the language of the Hobbs Act is intentionally broad. Why is this important?

9) The majority notes three areas of activity that congress has the authority to regulate. Name those three.Who came up with these three areas?

10) The majority raises United States v. Morrison, 529 U. S. 598, 613 (2000) on page five. In your own words, what are the facts of that case? Why is it relevant?

11) The court cites Wickard v. Filburn, 317 U. S. 111, 125 (1942) on page 5. In your own words, what happened in that case?

12) Why is Wickard relevant here?

13) Page 7 on the majority opinion notes that the defendant "reasons the prosecution mustprove beyond a reasonable doubt either (1) that the particulardrugs in question originated or were destined forsale out of State or (2) that the particular drug dealertargeted in the robbery operated an interstate business." The majority says this argument is flawed? Why?

14) On Page 8 the majority challenges an argument made by the dissent. In your own words, what argument was the court addressing? What reasoning did it use to shoot it down?

15) What evidence did the government introduce to show that the defendant actually was attempting to steal drugs?

16) Does the majority necessarily believe that the outcome would automatically be the same if the defendant had attempted to steal cellphones? Why or why not?

17) Justice Thomas wrote the dissenting opinion. Did anyone join him?

18) The dissent disagrees with the majority's interpretation of the Commerce Clause. How?

19) Justice Thomas writes that "the Constitution expresslydelegates to Congress authority over only four specific crimes." Which crimes?

20) Where did Justice Thomas find this list of crimes?

21) On page three of the dissent he emphasizes the difference between "buying" and "Robbery." Why does Justice Thomas believe that's important?

22) On page seven of the dissent Justice Thomas gives examples of robberies that might actually impact interstate commerce. What examples did he give, and why are they different than that in the case before the court?

23) How do you think Justice Thomas would vote if Wickard v. Filburn were once again before the court? Why?

24) If the defendant had been found not guilty under the Hobbs Act, is it possible he could have faced any other punishment?

25) Do you agree with the majority opinion or the dissent? Why?