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The case was testing whether Congress possessed the power to enact section 922

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 State v. Lopez, 514 U.S. 549 (1995)

Summary of Facts: According to the government, one who carries a firearm to school premises is a threat to the nation as they will have violated the law. Lopez admitted to having carried the firearm and therefore was punishable by the law. He was first sentenced to 6 months in prison but later filed an appeal on the ruling. He was in 12 grade at Edison High School in San Antonio, Texas.

Procedure: Lopez knowingly carried a loaded firearm in the school zone, and the court charged him guilty and sentenced him to six months imprisonment and two years of supervision after release.

Issue:

1. The case was testing whether Congress possessed the power to enact section 922.

2. It tests whether the case law has an effect on interstate commerce has the power within Congress.

3. It tests if section 922 is invalid as it is beyond the power given to Congress under the commerce clause.

Rule:

No, Section 922 can only be beyond the power of the Congress Commerce Clause if it’s under the third category as a regulation of a particular activity.

Yes, interstate commerce can be affected under the regulation of a particular activity.

No, there was no need to conduct more testing of the section.

Application:

According to the court, the interstate commerce act was enacted in 1887, and cases related to the law take a negative approach towards the Commerce Clause. Congress had no ability to control mining, manufacturing, or production. Congress could only use its power to protect interstate and also commercial activities. The power includes limiting activities that are related to interstate commerce.

Conclusion:

Congress cannot control interstate commerce but can only protect it; therefore, Section 922 must fall under the regulation activity which affects interstate commerce. The court merely declares Congress to impact commerce.

Instructions

perform additional legal research to assume the position of the losing party in the case. Prepare a legal memorandum on either errors made by the prosecution or the potential for the defendant to succeed on appeal. Use proper legal citation and structure the memorandum using the Issue, Rule, Analysis Conclusion format

your task is to do the conclusion ONLY of the memorandum


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