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Essay / Research Paper Abstract
This 5 page paper provides an overview of the 1995 case that held gun possession near schools was not something for which the interstate commerce clause would apply. The dissenting opinion is discussed and the paper takes the position that the majority position provided by Rehnquist is right. Bibliography lists 1 source.
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5 pages (~225 words per page)
File: RT13_SA144Lo.rtf
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of the 1995 case that held gun possession near schools was not something for which the interstate commerce clause would apply. The dissenting opinion is discussed and the paper takes
the position that the majority position provided by Rehnquist is right. Bibliography lists 1 source. SA144lLo.rtf There are many stories about children being arrested for
shooting paper guns in todays post-Columbine world. There are other ridiculous tales of students being scrutinized for carrying pocket knives in a zero tolerance environment that does not allow for
Boy Scout paraphernalia. That is why when looking at the United States v. Lopez decision, there should be a puzzlement. The Supreme Court saw fit to negate the 1990 law
that forbids anyone to knowingly take a firearm to school. A student writing on this subject will want to point out that the Supreme Court did not suggest that students
were allowed to carry weapons to school. Rather, it just held that this was not a federal problem. Still, the case was a blow to those who desired a no
tolerance policy and the strong arm of the law, at every stage, to be on their side. The decision was rather controversial and is one that should be evaluated in
todays frightening climate of violence. The Supreme Court case United States v. Lopez, which the Court decided in 1995, involved a gun
control act passed by Congress using the Constitutions interstate commerce clause. The boy named Lopez was charged with carrying a concealed weapon to high school, and charged with violating
the Gun-Free School Zones Act of 1990, a law that forbids anyone to knowingly take a firearm to school. Justice Rehnquist gave the majority opinion of the court on
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