US v. Lopez [1995] "Gun case & 3 authorities" Flashcards
Where did the problems start?
Student brought gun to school, which was gun free zone
What act involved?
Gun free zone act of 1990 which made it a federal crime to knowingly possess gun in school zone
DC did what?
Convicted Lopez and sent to prison
What did Lopez argue?
Act exceeded authority beyond what is Const. in the CC
What did the 5th circuit say about lopez argument?
Agreed. Reversed his conviction.
What was the issue before SC?
Whether CC permitted congress to prohibit guns in school zone
Who was CJ?
ReinquistW
What did Reinqhuist say?
This case, and his holding, established the 3 branches of authority under CC.
1. Channels
2. Instrumentalties
3. Affectation D
Why is this case so important?
1.
2.
3.
- Channels
- Instrumentalties
- Affectation D
The court rejected gov. argument [Affectation doctrine] because…
It implies CC has no clear limit. Turning general enumerated power into a police power.