US v. Lopez [1995] "Gun case & 3 authorities" Flashcards

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1
Q

Where did the problems start?

A

Student brought gun to school, which was gun free zone

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2
Q

What act involved?

A

Gun free zone act of 1990 which made it a federal crime to knowingly possess gun in school zone

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3
Q

DC did what?

A

Convicted Lopez and sent to prison

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4
Q

What did Lopez argue?

A

Act exceeded authority beyond what is Const. in the CC

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5
Q

What did the 5th circuit say about lopez argument?

A

Agreed. Reversed his conviction.

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6
Q

What was the issue before SC?

A

Whether CC permitted congress to prohibit guns in school zone

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7
Q

Who was CJ?

A

ReinquistW

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8
Q

What did Reinqhuist say?

A

This case, and his holding, established the 3 branches of authority under CC.
1. Channels
2. Instrumentalties
3. Affectation D

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9
Q

Why is this case so important?
1.
2.
3.

A
  1. Channels
  2. Instrumentalties
  3. Affectation D
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10
Q

The court rejected gov. argument [Affectation doctrine] because…

A

It implies CC has no clear limit. Turning general enumerated power into a police power.

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11
Q
A
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