SW Legal Educational Publishing

Congressional Mandates Over State Motor Vehicle Records Held Unconstitutional
Description Federal law controlling what information states may distribute from their motor vehicle records held unconstitutional as exceeding the Commerce Clause and Fourteenth Amendment powers of Congress in violation of the Tenth Amendment.
Topic Constitutional Law
Key Words Commerce Clause, Privacy, Tenth Amendment
C A S E   S U M M A R Y
Facts The State of South Carolina challenged the constitutionality of the 1994 Federal Driverís Privacy Protection Act (DPPA), which regulated the use of certain information in various state motor vehicle records. District court held that the act violated the Tenth Amendment by exceeding the Commerce Clause powers of the federal government. Federal government appealed.
Decision Affirmed. "The DPPA exclusively regulates the disclosure of personal information contained in state motor vehicle records. Thus, rather than enacting a law of general applicability that incidentally applies to the States, Congress passed a law that, for all intents and purposes, applies only to the States. Accordingly, the DPPA is simply not a valid exercise of Congressís Commerce Clause Power." The appeal to federal powers under the Fourteenth Amendment was also rejected.
Citation Condon v. Reno, 1998 WL 559659 (--- F.3d ---, 4th Cir.)
155 F. 3d 453 (4th cir., 1998)

Back to Constitutional Law Listings

©1997-2000  South-Western, a division of Cengage Learning, Inc. Cengage Learning is a trademark used herein under license.