This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Amendment Of Us V Lopez In Fulton
Category:
State:
Multi-State
County:
Fulton
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
In United States v. Lopez (1995), the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.
Lopez, case in which the U.S. Supreme Court on January 22, 1975, ruled that, under the Fourteenth Amendment's due process clause, public-school students facing suspensions are entitled to notice and a hearing.
The Fourteenth Amendment requires due process for deprivations of "property" or "liberty," and the "Goss" Court concluded that the state compulsory education statute provided the requisite property interest and, alternatively, that the serious stigma arising from such discipline constituted the requisite liberty ...
5–4 decision Yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.
Lopez argues that section 922(q) exceeds Congress' delegated powers and violates the Tenth Amendment. The government counters that section 922(q) is a permissible exercise of Congress' power under the Commerce Clause.
Lopez argues that section 922(q) exceeds Congress' delegated powers and violates the Tenth Amendment. The government counters that section 922(q) is a permissible exercise of Congress' power under the Commerce Clause.
In United States v. Lopez (1995), the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.
Lopez argues that section 922(q) exceeds Congress' delegated powers and violates the Tenth Amendment. The government counters that section 922(q) is a permissible exercise of Congress' power under the Commerce Clause.
4.4 Commerce Clause and Tenth Amendment.