United States v. Lopez was the first United States Supreme Court case since the
New Deal to set limits to Congress's power under the Commerce Clause of the
United States Constitution. The issue of the case was that It exceeded to the power of Congress which had no say over it because the case had nothing to do with commerce or any sort of economic activity.
The case United States v. Lopez involved Alfonzo Lopez Jr., Supreme Court
Justice William H. Rehnquist, and Congress. Unites States v. Lopez was about a
12th grader named Alfonzo Lopez Jr. He went to Edison High School in San
Antonio, Texas. On March 10, 1992 he came to school with a concealed weapon.
The weapon was a 38 caliber revolver which included 5 bullets. The school had heard some
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The Court essentially concluded that in no way that the carrying of handguns is a commercial activity or even related to any sort of economic enterprise, even under the most extravagant situations. Which means majority of the opinion from the government's arguments was rejected because crime negatively impacted education..
The Supreme Court ruled that to let Congress make that a law you would have to make an intrusion which could be used in about everything even if it is nothing to do with commerce. Which would give Congress too much power. Also, since the Constitution clearly creates Congress as a body with enumerated powers, this could not be so. So the Supreme Court decided to reject the law.
Even though, the dissenting opinion from Justice Bryer who said that Congress had the power to regulate anything After that they "reasonably believed" could affect commerce (saying then that they could regulate the carrying of handguns at schools because it would presumably lead to violence which would have an effect on the economy which would effect interstate commerce)[5].
Supreme Court Justice William H. Rehnquist stated that “ To uphold
Twenty five year old, Nancy Cruzan lived in the state of Missouri. Unfortunately, One night Nancy was involved in a very serious automobile accident on January 11, 1983 where she was coming home from working a long evening shift. Nancy Cruzan drove a very old vehicle, so it lacked seatbelts. Cruzan lost control of her vehicle, hit a pole and her car overturned and flipped numerous times. Nancy was ejected from her car driver seat and was found face first in a ditch.
The issue surrounding this case was mainly about whether or not “The Gun-Free School Act” was unconstitutional. In fact Lopez’s attorneys insisted that Congress was exceeding their power by allowing this act to be passed. Furthermore Lopez pleaded not guilty to his charges and
Caption: Castro-Martinez v. Holder, 674 F.3d 1073 (9th Cir. 2011). Facts: Mexican native, Rafael Castro-Martinez (“Castro”), resided in the U.S illegally since 1995. Castro, who is homosexual, was diagnosed as HIV-positive in 2004. In 2007, he went back to his native country for two weeks.
The Supreme Court case of Gonzales v. Castle Rock pertains to the enforcement of a restraining order by the Castle Rock Police Department, and the murder of three young children (Gonzales v. Castle Rock, No. 04-278, 2005). Previously, Jessica Gonzales sought a restraining against her estranged husband Simon Gonzalez because his behavior was scaring her and the children. Furthermore, listed in the testimony of the restraining order, Jessica revealed the facts concerning Simon's disturbing behavior beginning with his attempted suicide in front of her and the girls (Leung, 2005). Additionally, Jessica listed in the restraining order that Simon stalked and broke into their home on several occasions, which placed their daughters and she in fear
The Supreme Court’s decision of 1954 in the case of Hernandez v. Texas was the start of a breakthrough for Mexican Americans in the United States. The case was brought to existence after Pete Hernandez was accused of murder in Jackson County, a small town called Edna, Texas. The special thing about this case that makes it significant was the jury that were including in this trial. It was said that a Mexican American hadn’t served on a jury in the county of Jackson in 25 years. With the help of a Mexican American lawyer, Gustavo Garcia, the case was brought to the highest court level and was beheld as a Violation of the constitution.
The longest serving Chief Justice in Supreme Court history, Marshall dominated the Court for over three decades and played a major role in the improvement of the American legal system (Mod. 3b). John Marshall was a chief for 34 years leading the supreme court. Chief John Marshall performed a key role in the power of the federal and state governments during the mid-nineteenth century. Marshall gave it the strength and weight of the third, equivalent branch of government. Marshall's Court formed the new country with its understanding of the Constitution and the setting up of various early appropriate points of reference that was better describe, the part and size of the federal government.
Lopez won the U.S. V. Lopez case making it important because in terms of congressional power since it would go against the rights given in article 1 section 8 number 10 that says, “To define and punish…offences against the Law of Nations. Aside from that it would have an effect on interstate commerce, thing that congress regulates as mentioned in article 1 section 8 number 3. Since Lopez won, the laws for the state had to change causing the state to have its own rules and punishments from the ones for the whole U.S. The Lopez case is an implied power due to article 1 and has many cons. The case of Lopez is considered implied power because his case went against the power of congress. In article 1, congress has the power to define and punish
On August 8, 2009, Sonia Maria Sotomayor became the first justice of Hispanic descent to be seated on the United States Supreme Court. Her upbringing in a Puerto Rican household in the Bronx, significantly shaped her decision making first on the United States District Court for the Southern District of New York (1991-1997) and later, on the United States Court of Appeals for the Second Circuit (1997 - 2009). Today, Sotomayor continually advocates for the basic rights of Americans; this is demonstrated in two of her recent opinions: (1) her 58 page dissent of the Schuette v. Coalition to Defend Affirmative Action (2014) decision, in which the Court decided, 6-2, that states could prohibit the use of affirmative action at public universities; and (2) and her opinion on the Brumfield v. Cain (2015) which
Leslie Gomez Hernandez v. Texas During the 1950 life for Mexicans was really difficult, they were not considered intelligent, they were considered invisible. They were not allowed in some parts like restaurants, movie theaters and other parts. But things changed by the early 20th century, they were now considered white by law, largely owning to the treaty’s grant of American citizenship. But still their status has citizens didn’t meant a lot.
Judges manage to cover legal procedures Including hearings and trials. The lawyer will argue the client cases in front of judiciary, and the judge makes certain that the plaintiff and defendant lawyers follows the rules courtroom and meets criteria set by the law. In rare types of cases, judges hear evidence from both sides and come to a judgment on their own. In other cases, judges give a jury instructions so that they can come to a majority ruling of innocent or guilty. However, most states have their individual qualification, but the basics criteria to have a bachelor's degree, pass the admission tests LSAT, graduating Juris Doctor, the bar, becoming the licensed lawyer and American citizen and resident of the state with intent practicing law.
So they arrest you and now you are in jail for up to ten years just because you bought a gun at a gun show and had no idea that it was full auto. That’s the problem with that and why I agree with what the Supreme Court said and how they sided. Gun rights are a controversial subject. Finding a balance between citizens’ rights under the Second Amendment and keeping the public safe from guns getting into the hands of the wrong people, is difficult to do.
"The State of California versus Scott Lee Peterson (Case number 1056770, 2005)", was an interesting case. This case was interesting because Laci was a very beautiful and seemingly young, friendly, and happily pregnant woman with lots of friends. Her husband, although attractive, had a kind of macho tough guy womanizer type of persona about himself. It is hard to believe or fathom someone being so cruel as to kill their pregnant wife, regardless of their marital problems. Laci came up missing on December 24, of 2002, the day before Christmas.
Abel Fields was convicted under the Stolen Valor Act for falsely claiming he had received the Purple Heart. Fields has never served in the military and therefore has never received a military award. At his first trial, Fields was found guilty for violating the Stolen Valor Act and was sentenced to a fine. Fields then appealed his sentence and the Court of Appeals overturned his conviction citing that Fields’ First Amendment rights were violated. The government then appealed the Court of Appeals’ decision and the case was sent to the Supreme Court.
Gun control has been a controversial issue for many years. Many citizens believe that if gun control is strictly enforced it would reduce the threat of crime. People have the right to bear arms for protection, or even just the pleasure of hunting and recreational activity. With the recent events involving firearms and mass shootings, people are skeptical whether to increase or decrease gun laws. Americans have a constitutional right to own handguns and stricter laws and licensing will not effectively save lives.
Per 3 Goss Vs. Lopez Supreme Court Case On October 15, 1975 Nine students were suspended from Central High School from Columbus, Ohio. They had destroyed school property and disrupting students from learning and were suspended for 10 days. One of the students amoung them was Dwight Lopez.