Friday, October 4, 2019

Review the United States v. Lopez case, and write a case brief Study

Review the United States v. Lopez , and write a brief - Case Study Example Later on, Lopez was arrested and charged for possessing a gun in a school. Issue – The impact of the 1990 Gun-Free School Zones Act, which forbids individuals from knowingly carrying a gun in a school zone, on the Commerce Clause. Is the Act unconstitutional? Does the Congress exceed its power to legislate under the Commerce Clause? Holding – Yes, the Congress is exceeding its power. Caring a gun in a school is an offence under criminal law, and does not interfere interstate commerce or any other economic activity. Lopez’s conviction has been reversed by the Court of Appeal, and affirmed by the United States Supreme Court. Rationale – The Court found that there was no obvious and direct connection between the act of possessing a gun in a school and commerce as an economic activity. The court found no connection between 18 U.S.C. Â § 922(q) and the Commerce Clause, which does have limits.

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