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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
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
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