United States v. Lopez

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    In 1995, a case went to the United States Supreme Court on the constitutionalism of an act passed by the United States Congress under the Commerce Clause. The respondent, Alfonso Lopez, Jr. had appealed his case up from his district court in San Antonio all the way to the Supreme Court. The process took almost three whole years. Lopez had been charged with violating the Gun-Free School Zones Act of 1990 that was passed by Congress through the Commerce Clause. Lopez’s lawyer argued that the Congress

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    Dual Federalism

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    The Supreme Court case United States v. Lopez (1995) set an important change to the Federalism era of cooperative, when it limited the power of Congress under the commerce clause for the first time. The Courts in this case took into the account not the board powers of Congress which have received extreme expansive over the years through interpretation but the limitations of these powers. According, to Gibbons v Ogden, the commerce power “is complete in itself, may be excised to its utmost extent

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    statute which Donaldson allegedly violated states one may not, “gain property or money by the use or threat of violence, harm to reputation, or damage to property." The strongest challenge to the constitutionality of the statute is found in the United States Supreme Court case United States v. Lopez. The Court in Lopez found an anti-gun law in school zones unconstitutional because guns in school zones do not substantially affect interstate commerce. In Lopez, the Court delineated three categories able

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    During the supreme court case U.S v. Lopez, the United States Federal Government’s argument was that carrying a firearm inside an educational environment would lead to a violent crime. A violent crime ultimately affects the population of a school. Due to this, the federal government believed that the commerce clause should be practiced in this case. The Supreme Court backed the previous decision offered by the Five Court of Appeals. In United States v. Lopez, the U.S Supreme Court stated that Congress

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    School Suspension Paper

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    the state each year (Higgins, Tanner, 2016). Last school year, Michigan alone had suspended more than 1,300 students (Higgins, Tanner, 2016). Suspensions for schools have a distinct meaning. It the forced action of taking a student out of educational premises for an agreed upon time because of inappropriate action of the student (Department of Education, 2016). Each school has its own written code of conduct for discipline. The court case San Antonio v. Rodriguez says education in the United States

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    “any individual to knowingly possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.” Subsequently, in United States v. Lopez, 514 U.S. 549 (1995), the Supreme Court held that the Gun-Free School Zones Act of 1990 was unconstitutional as it violated the Commerce Clause of the United States Constitution. In reaching this 5-4 Supreme Court decision, Chief Justice Rehnquist, in concurrence with Justices O’Connor, Scalia, Kennedy, and Thomas wrote

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