United States v. Lopez

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  • United States V Lopez

    1805 Words  | 8 Pages

    Nick Kaplan Mr. Gowaskie Const. History of the US April 22, 2010 United States v. Lopez United States v. Lopez was a landmark case, being the first United States Supreme Court case, since the New Deal, to set limits on Congress’s power under the Commerce Clause of the United State Constitution. United States v. Lopez dealt with a previous decision made by the Supreme Court called the “Gun-Free Schools Zone Act of 1990,” and whether this act was constitutional. In other words, is Congress given

  • Theu.s V. Lopez, The United States Supreme Court

    854 Words  | 4 Pages

    I. INTRODUCTION In 1975, the United State Supreme Court held that state law could provide students a property interest in their education, but forty years have passed and courts remain uncertain of when such an interest exists. In Goss v. Lopez, the United States Supreme Court extended due process protections to a group of high school students in Ohio. The Court determined that Ohio state law provided the high school students a property interest in their continued enrollment at the school,

  • The Opinion Of Justice Binderoff

    1177 Words  | 5 Pages

    The opinion of Justice BINDEROFF: According to Article I, Section 8(3) of the United States Constitution, Congress is granted the power “to regulate commerce with foreign countries, as well as among the several states…;” this enumerated power is what the Commerce Clause describes. This Article has been used to justify many instances in which Congress has exercised its power to regulate commerce, especially among states. In this regard, there has been a myriad of instances in which such exercise

  • Interpreting The 5th Amendment And The Rights Of A Free State, The Right Of The People

    1484 Words  | 6 Pages

    to define “A well regulated Militia Being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” Has been a constant battle between the courts and Citizens for years starting with United States v. Miller, 307 U.S. 174 (1939) In US VS. Miller the defendant Jack Miller and Frank Layton were accused of Knowingly, and Willfully transporting firearms over state borders without proper Documentation. The courts ruled against Miller they opinon

  • The 's Office Of Justice Program

    1481 Words  | 6 Pages

    Introduction How we communication is in a liquid state and has become easier to communicate to our friends, circle of influences and the mass audiences. Social media portals like Facebook, YouTube, Twitter, Instagram and other sites, allow people from around the world to express their thoughts and ideas in real time and with a simple click its out there. For the most of the masses, the Internet is an amazing tool to exchange engaging dialog and express their freedom of expression in humanity. Unfortunately

  • Case Analysis : Yankee Gas Services Company

    1911 Words  | 8 Pages

    I. Case Summary Plaintiffs Yankee Gas Services Company and the Connecticut Light and Power Company, sued the defendant UGI Utilities. The Yankee Gas Services Company and the Connecticut Light and Power Company own thirteen manufactured gas facilities (MGPs) that were once owned by the defendants. The plaintiffs appeal before the judge in a trial to recover costs that they made in response to an MGP pollution from 1884 to 1941. The judgment ruled that UGI Utilities was not the owner of nine of the

  • The Commerce Clause And Its Effect On Interstate Commerce Essay

    1735 Words  | 7 Pages

    The Commerce Clause in Article 1, Section 8 states that Congress has the power to regulate interstate commerce itself as well as the power to regulate local commerce if that local commerce has a substantial economic effect on interstate commerce. When Congress regulates an intrastate activity, there is a test that is used by the Supreme Court that determines whether Congress actually has the right to regulate this intrastate activity with some sort of economic effect. The Commerce Clause test

  • Questions On Gross Receipts Tax

    1626 Words  | 7 Pages

    b. New Mexico i. Gross Receipts Tax - Generally The state gross receipts tax is a tax on the privilege of engaging in business in New Mexico. “Engaging in business” means carrying on or causing to be carried on any activity with the purpose of direct or indirect benefit,” with certain exceptions inapplicable to the Company’s facts. The tax is assessed against the gross proceeds of a business. For purposes of the GRT, a presumption exists that all receipts of a person engaging in business are subject

  • The Gonzales V. Raich

    1139 Words  | 5 Pages

    Gonzales v. Raich was a landmark case which determined the extent that Congress could regulate marijuana usage in California. More precisely, the case involves deliberation between the constitutionality of the Compassionate Use Act, voted on by the state of California in 1996, and the Controlled Substances Act (CSA), passed by Congress in 1970. Does the CSA, a policy which permits the regulation of certain drugs and chemicals by the Drug Enforcement Agency (DEA), exceed the regulations set under

  • The Case Of Technology Being Used By A Probation Officer

    1125 Words  | 5 Pages

    enforcement field. So much so that it is widely used across multiple platforms. The court case, Kyllo v. United States, 533 U.S. 27 (2001). Where it was "held that the use of a thermal imaging, or FLIR, device from a public vantage point to monitor the radiation of heat from a person 's home was a "search" within the meaning of the Fourth Amendment, and thus required a warrant." (Kyllo v. United States. (n.d.) The use of the thermal imaging in this case was used to search a home interior for illegal