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Gun-Free School Zones Act: Constitutionality Challenge in Supreme Court - Prof. William Sh, Study notes of Criminal Justice

The background of a legal case where alfonzo lopez, jr., a high school student, brought a concealed handgun to school in violation of the gun-free school zones act. The document details the rulings of lower courts and the issue at hand in the supreme court: the constitutionality of the act. The court is being asked to decide if congress exceeded its commerce clause authority in enacting the gun-free school zones act.

Typology: Study notes

2010/2011

Uploaded on 08/17/2011

tac2y
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Download Gun-Free School Zones Act: Constitutionality Challenge in Supreme Court - Prof. William Sh and more Study notes Criminal Justice in PDF only on Docsity! Facts; what happened to cause the introduction of the case to the court system? *Reference only those facts which the Court is being asked to deal with.  Who did what to whom? ◦ Alfonzo Lopez, Jr, a 12th – grade student, carried a concealed handgun into his high school in contradiction with the Gun-Free School Zones Act  What were the rulings/findings of the lower courts? ◦ The District Court denied Lopez' motion to dismiss the indictment ◦ The Court of Appeals later reversed the District Court's decision, claiming that the Act exceeds Congress' Commerce Clause authority Issue; what is the Court being asked to decide? *1-2 sentences *Remember, the issue always relates to the Constitution in some way.  What is the most significant issue that the Court is being asked to decide on? ◦ Holding; what was the ruling by the majority of the Court? *1 sentence  Did the Court affirm (agree with lower court), reverse, or remand (send back to lower court) the case? ◦ The Court affirmed the Court of Appeals decision, in that Congress did not have the authority to enact the Gun-Free Schools Zones Act Reasoning; why did the Court rule the way it did? *Most important, therefore it is the bulk of the brief  (Legal Precedent) - What previous cases did the Court cite as references for their decision? ◦ Gibbons v. Ogden, 9 Wheat. I, 189-190 (1824) ▪ Defined the nature of Congress' commerce power ▪ Defined the internal commerce of individual states to be off-limits to Congress' commerce power  If there are no legal precedents, on what basis did the Court base its decision? ◦
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