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on the constitutionality of the GFSZA

Discussion in 'Legal & Political Archive' started by boogerhook, Sep 29, 2015.

  1. boogerhook

    boogerhook Seattle Well-Known Member

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    always enjoy smart people... here is the summary of approach:

    This Note investigates the constitutionality of the amended Gun-
    Free School Zones Act. While the end of prohibiting guns near
    schools is laudable, Congress’s power to achieve this end through
    federal law is in doubt when the only connection to interstate
    commerce is that the gun previously moved in interstate commerce.
    Notwithstanding the problem of regulating a noneconomic
    activity that is traditionally within the states’ authority, the revised
    Act could only be constitutional if it fits into one of the three
    categories of Congress’s commerce power. Part I investigates whether
    the jurisdictional element brings the statute within one of the three
    categories. Part II asks whether adding congressional findings to the
    statute brings it within one of the three categories. This Note
    concludes that, because neither the jurisdictional element nor the
    congressional findings logically give Congress the requisite power that
    was lacking in Lopez, grave doubt exists as to the constitutionality of
    applying the statute where the only nexus to interstate commerce is
    the firearm’s previous movement therein.

    http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1097&context=dlj
     
    Last edited: Sep 29, 2015
  2. Capn Jack

    Capn Jack Wet-Stern Washington Bronze Supporter Bronze Supporter

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    The Supreme Court is another "Merry-Go-Round" that should be shut down.:(

    Or at lest put an age limit on those jokers.o_O
     
    Dyjital likes this.