Case Analysis of US v. Emerson Essay examples

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Case Analysis of US v. Emerson This case deals with the Defendant's possession of a firearm while under a restraining order, and the charges incurred by the Defendant for such firearm possession. Under Texas law, the possession of a firearm by Mr. Emerson creates a perceivable threat to members of his family, thus creating a violation of the restraining order against him. Apparently common practice in Texas, the restraining order was filed by Mr. Emerson's wife in conjunction with the papers filed for divorce. The restraining order sought to enjoin Emerson from "engaging in various financial transactions to maintain the financial status quo and from making threatening communications or actual attacks upon his wife during the pendency…show more content…
Emerson's possession of a firearm was construed as a perceivable threat to his family and, therefore, a direct violation of the restraining order. Mr. Emerson argued that the Act is "an unconstitutional exercise of congressional power under the Commerce Clause and the Second, Fifth, and Tenth Amendments to the United States Constitution" (United 2). The District Court addressed each claim separately, finding credibility in only Emerson's Second and Fifth Amendment claims. In Emerson's claim that the Commerce Clause was violated, he argued that the Act did not regulate commercial activity, and was therefore an unconstitutional use of congressional power. In claiming this, Emerson looked to the Supreme Court's holding in United States v. Lopez, however, the District Court dismissed this claim, citing a Fifth Circuit Court of Appeals decision which examined the validity of 18 U.S.C. § 922 (g)(8) under a Commerce Clause challenge, in which it held that the Act was constitutional (United 3). Because of this ruling (in United States v. Pierson), the District Court

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