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Russell v. United States, 471 U.S. 858 (1985)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Russell v. United States, 471 U.S. 858 (1985)
Russell v. United States No. 84-435 Argued April 24, 1985 Decided June 3, 1985 471 U.S. 858
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
SEVENTH CIRCUIT
Syllabus
Title 18 U.S.C. § 844(i) makes it a crime to maliciously damage or destroy, or attempt to damage or destroy, by means of fire or an explosive, "any building . . . used . . . in any activity affecting interstate or foreign commerce." Petitioner, who was earning rental income from a two-unit apartment building and treated it as business property for tax purposes, was convicted for violating § 844(i) after he unsuccessfully attempted to set fire to the building, and the conviction was affirmed on appeal. Both the District Court and the Court of Appeals rejected his contention that the building was not commercial or business property, and therefore was not capable of being the subject of an offense under § 844(i).
Held: Section 844(i) applies to petitioner’s apartment building. The language of the statute expresses an intent by Congress to exercise its full power under the Commerce Clause, and the legislative history indicates that Congress at least intended to protect all "business property." The rental of real estate is unquestionably an activity that affects commerce for purposes of the statute, and the congressional power to regulate the class of activities that constitute the rental market for real estate includes the power to regulate individual activity within that class, such as the local rental of an apartment unit. Pp. 859-862.
738 F.2d 825, affirmed.
STEVENS, J., delivered the opinion for a unanimous Court.
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Chicago: U.S. Supreme Court, "Syllabus," Russell v. United States, 471 U.S. 858 (1985) in 471 U.S. 858 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=BE7PSX4BKT69TAX.
MLA: U.S. Supreme Court. "Syllabus." Russell v. United States, 471 U.S. 858 (1985), in 471 U.S. 858, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=BE7PSX4BKT69TAX.
Harvard: U.S. Supreme Court, 'Syllabus' in Russell v. United States, 471 U.S. 858 (1985). cited in 1985, 471 U.S. 858. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=BE7PSX4BKT69TAX.
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