Lopez vs Us

In: Other Topics

Submitted By crossy62411
Words 750
Pages 3
The Gun-Free School Zones Act of 1990 (GFSZA) made it unlawful for any individual knowingly to possess a firearm at a place that he knew or had reasonable cause to believe was a school zone. Alfonso Lopez, Jr. (D), a 12th-grade student, carried a concealed and loaded handgun into his high school and was arrested and charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged Lopez with violating the Act.

The District Court denied Lopez’s motion to dismiss the indictment, concluding that the GFSZA was a constitutional exercise of Congress’ power pursuant to the Commerce Clause of Article I. The Fifth Circuit reversed, holding that the Act exceeded Congress’ power under the Commerce Clause and was therefore unconstitutional. The Supreme Court granted cert.

Does the GFSZA exceed Congress’ authority under the Commerce Clause?
What categories of activity may Congress regulate under its commerce power?
Holding and Rule (Rehnquist)
Yes. The GFSZA exceeded Congress’ authority under the Commerce Clause.
The three broad categories of activity that Congress may regulate under its commerce power are: a) the use of the channels of interstate commerce; b) Congress is empowered to regulate and protect the instrumentalities of interstate commerce, or persons or things in interstate commerce, even though the threat may come only from intrastate activities; and c) Congress’ commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce, i.e., those activities that substantially affect interstate commerce.
The Supreme Court held that the GFSZA exceeded Congress’ Commerce Clause authority. The possession of a gun in a local school zone is in no sense an economic activity that might, through repetition elsewhere, have a…...

Similar Documents

Aids vs Us

...antiviral medication, taking them diligently, eating a healthy diet, and regularly exercising, there are great chances of surviving a healthy long life. An AIDS patient does not need to be confined or cooped up in a corner. It is more than okay for them to socially mix with people and live with family. The notion that people create of staying away from AIDS patients is only due to ignorance. The disease can only be caught through blood in take through an open wound, syringe/needle or intercourse. Besides this it is not contagious. It cannot be taken in from the air or from the water you drink and the food you eat. The project topic that I have chosen to do, does not only focus on the patients affected by AIDS but also deals with the ‘us’ factor. The ‘us’ would comprise of those who deal with or are caretakers of AIDS patients. It is also how those you are not victims of the disease react to it. It focuses on the world unaffected by HIV/AIDS. As a caretaker or a family member dealing with an AIDS patient at home, it can become quite stressful at times. Mainly because there maybe fear from both sides of losing a loved one. But we have to keep in mind that a positive attitude at a time like that is key. Many a times, those that aren’t informed in detail about the disease seem to concoct ways in which to behave and treat the patients. They need to understand that the disease is not caught by physical interactions and should change their attitudes towards them. AIDS......

Words: 631 - Pages: 3

Us vs Iroquois

...The Iroquois constitution was written years before the US. Constitution. It is older than the document itself and its amendments. Many believe our constitution incorporated many ideas of democratic government from the Iroquois constitution because of the various similarities found in both documents, such as the basic structure of the documents, designation of a person in charge, the power of veto, impeachment and the division of government. There is also historical evidence that some of the founding fathers were in direct contact with the Iroquois people. Freedom of speech, religion and press have been controversial issues for many years. That is why a preamble was part of both constitutions. The inclusion of a preamble is vital in both documents. The Iroquois used symbolism,” Five bound arrows symbolize our complete union. ... We have tied ourselves together in one head, body, one spirit and one soul to settle all matters as one” both preambles highlight the importance of unity and liberty. Antifederalists were concerned with protecting individual’s rights and fought for the inclusion of a Bill of rights to our constitution. That is why our constitution reads; “We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States of......

Words: 1039 - Pages: 5

Imports vs. Exports in the Us

...Cheap Products vs. a Higher Employment Rate The American economy is finally recovering after the recent recession. The United States endured several years of high unemployment combined with a nasty housing market collapse. The 7.3 percent unemployment rate in October 2013 is still considered high. However, it is significantly lower than the 10 percent it peaked at in 2009. During this recession, the war cry was, “Buy American! Support local jobs!” However, the struggle between purchasing American items at a higher price versus foreign products a lower price was a common one. This problem created several questions from the American public. Should the government be putting restrictions on cheaper goods imported into the U.S. in order to save jobs? Or should they encourage importation so that people can continue to afford products? The answer might be surprising to some. Limiting importation would hurt the United States economy more than it would help. In 2012 the United States imported $2.334 trillion worth of imported products. This number was up 7.8 percent from 2008. Oil and machinery topped the list, clocking in at over 33 percent of total imports. China imported the most goods, at 19 percent. America’s largest retailer, Wal-mart, imported $235 billion worth of goods in 2006. The effect this had on American employment was colossal. Over 1.8million jobs were eliminated between 2001 and 2006. Unfortunately this is typical of American businesses. They will import to......

Words: 1507 - Pages: 7

Oreo: Us vs China Market

...Oreo: US Vs China Market Oreo is a sandwich cookie that is made of two outer chocolate round biscuits filled with cream. The “Oreo Biscuit” was first introduced in the United States in 1912 in New York City by The National Biscuit Company, now known as Nabisco. Currently, Nabisco is a division of the Mondelez International brand. In its long history, the Oreo has been known by various different names including the “Oreo Sandwich”, introduced in 1921, the “Oreo Crème Sandwich” in 1948 and finally the “Oreo Chocolate Sandwich Cookie” in 1974. The very first Oreo design was a simple wreath around the embossed word Oreo. In 1952, William A Turnier, created the Oreo design that is still used today, complete with the Nabisco logo and much further embossing around the cookie. In the 1990's, concerns about the health of Oreo's, regarding the lard in the cream filling, sparked a change in the recipe. The cookie filling was now made with partially hydrogenated vegetable oil. In 1997, following a three year recipe development, Oreo made their cookies Kosher and many consumers were over-joyed by this change. Later, Oreo suffered some criticism still, and in 2006 the recipe was changed again, only with the use of non-hydrogenated vegetable oil. This put Oreo on the “accidentally vegan” list on Peta.org and has since changed its previously negative views on the cookie's health to very positive, in moderation. On March 6th 2012, Oreo celebrated it's 100th anniversary in......

Words: 452 - Pages: 2

Korean vs Us Management Essay

...Korean Vs Us Management Essay Compare and Contrast US managers with the Managers of the Rebublic of Korea – business Introduction We have chosen to compare and contrast U.S. managers withthe managers of The Republic of Korea (ROK). The ROK is a tinynation of 42,621,000 people residing precariously on the southernhalf of the Korean Peninsula (Cook l995). It has a very highpopulation density with 1.121 persons/ sq. mile. They areethnically homogenous with 99.9% being Korean and .01% Chinese. The age distribution is 30% under 15 years of age and 4.3% overage 65. They have a life expectancy of 73 years of age forfemales and 66 year of age for male. The primary religions are Confucianism, Mahayana Buddhism,Ancestor Worship, Shamanism and Ch’ondagyo which account for 66%of the population with another 28% practicing the Christianreligion. The Han’gul writing system is the official language of Koreawith English being widely taught in many schools. The governmentis made up of the executive and legislative branches. The Headof the State or the Executive President is elected by directpopular vote for a 5 year term. The Legislature is comprised ofa 299-member National Assembly which is elected on a 4 year termby universal adult suffrage. The economy is estimated to produce GDP of US $121,310million with a per capita income of US $4,045/ year. The totalnumber of persons active in the economy was 16,900,000 with a 3%unemployment rate and a literacy rate of over 90% (East 1990). Koreans......

Words: 3024 - Pages: 13

Ecuador vs Us

...individualism and that it is preventing US citizens from “taking charge”. My cultural values both mirror and go against individualistic views. I like to be an independent thinker, but I also like to be able to ask for help from my peers and have it be there. I like to rely on strong friendships for help when I’m in need and I also believe it is necessary to be there to help others in your community. Ecuador is different from the United States in that it is a collectivistic country. The people of Ecuador rely on each other heavily for many different things. The gains of a community are more important than the gains of the individual. Whenever there is a citizen in need, they will always be able to find help from another Ecuadorian citizen. I recently conducted an interview with a peer of mine who is from Ecuador, and this what she had to say, “ People in the US are much more independent, in Ecuador, it is expected that we rely on our family all of our lives. If someone is in need of help in Ecuador they will receive it without question (Priscilla Baez, Interview).” One example of collectivism in Ecuador I found particularly interesting is that people live with their families all their lives. You would never encounter a family member moving out of the house to go live on his or her own. I found this interesting because in the US it is expected that the children in the family will move out and be on their own. It is a very foreign idea in the US for children to live with......

Words: 2336 - Pages: 10

Us Gaap vs Ifrs

.................. 190 Listing of SEC standards ..................................................................................................................................... 190 This Grant Thornton LLP document provides information and comments on current accounting issues and developments as of May 2013. It is not a comprehensive analysis of the subject matter covered and is not intended to provide accounting or other advice with respect to the matters addressed. This document supports Grant Thornton LLP’s marketing of professional services, and is not written accounting or tax advice directed at the particular facts and circumstances of any person. If you are interested in the subject of this document we encourage you to contact us or an independent accounting or tax adviser to discuss the potential application to your particular situation. All relevant facts and circumstances, including the pertinent authoritative literature, need to be considered to arrive at conclusions that comply with matters addressed in this document. Moreover, nothing herein shall be construed as imposing a limitation on any person from disclosing the tax treatment or tax structure of any matter addressed herein. To the extent this document may be considered to contain written tax advice, any written advice contained in, forwarded with, or attached to this document is not intended by Grant Thornton LLP to be used, and cannot be used, by any person for the purpose of avoiding penalties that......

Words: 95644 - Pages: 383

Ifrs vs. Us Gaap

...IFRS vs. GAAP Introduction The U.S. GAAP is accounting principles adopted by the U.S Securities and Exchange Commission (SEC). Over time SEC has been talking about moving these principles over to the IFRS, The International Financial Reporting Standard. “IFRS is an accounting standard that was developed by a not-for-profit group called the International Accounting Standard Board. (www.Ifrs.com)” This summary will give you a subject by subject look of some differences and similarities both the IFRS and the GAAP carry. IFRS 2-1: In what ways does the format of a statement of financial or position under IFRS often differs from a balance sheet presented under GAAP? Accounting follows the double entry standard where transactions are broken down into sections, revenue or expenses, assets or liabilities. Under IFRS, it does not dictate a particular order of accounts on the statement of financial. Usually, companies report their assets in reverse order of liquidity. For example, you would start with long term assets and work your way down to current liabilities. Under GAAP, it requires that all accounts be in order of their liquidity. Cash is usually reported first and non- current assets would be listed last. With these differences financial reporting results would be different for companies. IFRS 2-2: Do the IFRS and GAAP conceptual frameworks differ in terms of the objective of financial reporting? Explain. No, IASB and FASB conceptual frameworks are organized in......

Words: 937 - Pages: 4

Us vs China

...is our economy and the Chinese people. We believe that Olin Insurance Company could help out many people within Wuhan. We have been exploited in the past over and over again before by wealthy outsiders and we will not let this happen again. To see if we can really trust Olin Insurance Company, we need to find out if the company is concerned with helping our middle income people, or only concerned with their bottom line. Wuhan is a growing city which was listed second on the list of future “supercities” in the June magazine called Future Supercities. We feel that Wuhan has a lot to offer, because it is located in central China which is just a one hour flight from Shanghai. If we are not able to negotiate these terms, we need Olin to show us another method that would help the Chinese middle income people. For a resistance point, we will not accept a deal that would only locate their office within Shanghai. We may be somewhat flexible in opening a second office in Shanghai in the future after Olin proves they are a trustworthy company. We understand that Olin wants to maximize their profits, but we need to also make sure we help our economy and the growing Chinese middle income people. b) We need a training center set up for 50 promising Chinese candidates in the city of Wuhan within six months of establishment. Building our economy is extremely important to China. Unlike the United States of America, the Chinese insurance market is very different. A lot of our Chinese......

Words: 5370 - Pages: 22

Ifrs vs Us Gaap in Lease

...Project In July, 2006, the Board voted to add to its agenda a project on lease accounting. The project will be conducted jointly with the US Financial Accounting Standards Board (FASB) and is expected to result in the publication of a joint discussion paper in 2008. The project will reconsider all aspects of lease accounting and is expected to fundamentally revise the way lease contracts are recognized in the financial statements of lessees and lessors. The Board directed the staff to establish a working group of individuals with significant experience and expertise in lease accounting to assist the staff and the Board with this project. (http://www.ifrs.org/Current+Projects/IASB+Projects/Leases/Meeting+Summaries+and+Observer+Notes/IASB+July+2006.htm) To explain the reason for adding the project to the agenda, I find two paragraphs in Exposure Draft that “Leasing is an important source of finance. Therefore, it is important that lease accounting should provide users of financial statements with a complete and understandable picture of an entity’s leasing activities. The existing accounting models for leases require lessees to classify their leases as either finance leases or operating leases. However, those models have been criticized for failing to meet the needs of users of financial statements because they do not provide a faithful representation of leasing transactions. In particular they omit relevant information about rights and obligations that meet the......

Words: 3855 - Pages: 16

Us vs Germany Healthcare

...Healthcare in Germany vs. U.S.A Western Governors University Organizational Systems and Quality Leadership Germany’s and the United States’ healthcare systems compare and contrast in many ways. Germany has the third richest economy in the world and many categorize their healthcare system as socialized. Germany provides medical care to all of the citizens—young, poor, old, sick, and injured. Otto von Bismarck the Prussian chancellor in the 1880s in Germany invented the concept of healthcare systems, the notion that a government has to provide mechanisms so all its people can get medical care when they need it. In 1883, the Sickness Insurance Act was passed, representing the first social insurance program. Over the past 130 years the system has grown to the point where virtually all of the population is provided access to medical care. The Germans have what they call “Sickness Funds”, which are paid for by premiums based on income to one of 240 private insurers. A worker earning 60,000 would split a $750 family premium with their employer. It is more expensive than the U.K. but cheaper than the U.S. by about two thirds. It is a system where the rich pay for the poor and the ill are covered by the healthy (Saul, 2014). The United States healthcare system until recently has been mostly controlled by private industries and insurance companies, although we do have Medicare and Medicaid for the old and poor. Recently the Affordable Healthcare Act has been passed which......

Words: 1447 - Pages: 6

Greatbrit vs Us

...health, allowing Great Britain to be recognized as a visionary country in expanding life and maintaining healthy people. (Palfreman & Reid, 2008) Works Cited Cherry, B., & Jacob, S. (2014). CONTEMPORARY NURSING: ISSUES, TRENDS, AND MANAGEMENT, ed 6. St. Louis , Missouri , USA. Expatriate's Guide To Living In the UK. (2016). Retrieved from expatsguidetotheuk.com: http://www.expatsguidetotheuk.com/?p=healthcare.hospitals Health benefits & coverage. (n.d.). Retrieved 5 7, 2016, from HealthCare.gov: http://www.healthcare.gov/coverage/pre-existing-conditions/ Kounang, N. (2015, september 28). Why pharmaceuticals are cheaper abroad. Retrieved from cnn.com: http://www.cnn.com/2015/09/28/health/us-pays-more-for-drugs/ Lieberman, T. (2012, October 9). Healthcare in Great Britain vs. healthcare in the USA: part one. Retrieved from cjr.org: http://www.cjr.org/united_states_project/healthcare_in_great_britain_vs.php NHS in England - help with health costs. (2016, 1 4). Retrieved from www.nhs.uk: http://www.nhs.uk/NHSEngland/Healthcosts/Pages/PPC.aspx Palfreman, J., Reid, T. (Writers), & Palfreman, J. (Director). (2008). Sick Around the World [Motion Picture]....

Words: 1245 - Pages: 5

Us vs Rutherford Executive Summary

... United States v. Rutherford Unites States - Defendant vs. Glen L Rutherford on behalf of Terminally Ill Cancer Patients: Plaintiffs No. 78-605 Supreme Court of the United States 442 U.S. 544 Argued: April 25th, 1979; Decided: June 18th, 1979 Facts of the Case: In 1975, terminally ill cancer patients filed suit urging the government to stop interfering with the marketing and distribution of the cancer drug, Laetrile. Laetrile at the time was available outside the US and was believed to be an effective cancer treatment. It was derived from an extract of apricot pits and almonds. These terminally ill patients felt this drug was their last option. The FDA blocked approval under the Federal Food Drug and Cosmetic Act because it was waiting on further clinical research for efficacy and safety of this drug. The district court ordered the government to permit purchases of the drug by a plaintiff when it was found that Laetrile was nontoxic at normal doses. The Court of Appeals had the District Court ask the FDA to determine if Laetrile was considered a “new drug” in addition to determining if it was exempt from the Food Drug and Cosmetic Act’s two grandfather clauses on premarketing approvals. The Commissioner of the FDA determined Laetrile was a new drug by definition and was not exempt under either of the grandfather clauses. The District Court concluded that Laetrile was considered a new drug but was allowed exemption from the 1962 grandfather clause. The district court...

Words: 553 - Pages: 3

Skilling vs Us

...Skilling’s submission. Skilling’s questions “[we]re more helpful,” the court said, “because [they] [we]re generally . . . open-ended and w[ould] allow the potential jurors to give us more meaningful informa­ tion.” Id., at 9539. The court converted Skilling’s submis­ sion, with slight modifications, into a 77-question, 14-page document that asked prospective jurors about, inter alia, their sources of news and exposure to Enron-related pub­ licity, beliefs concerning Enron and what caused its col­ lapse, opinions regarding the defendants and their possi­ ble guilt or innocence, and relationships to the company and to anyone affected by its demise.4 —————— 4 Questions included the following: “What are your opinions about the compensation that executives of large corporations receive?”; “Have you, any family members, or friends ever worked for or applied for work with,” “done business with,” or “owned stock in Enron Corporation or any Enron subsidiaries and partnership?”; “Do you know anyone . . . who has been negatively affected or hurt in any way by what happened at Enron?”; “Do you have an opinion about the cause of the collapse of Enron? If YES, what is your opinion? On what do you base your opinion?”; “Have you heard or read about any of the Enron cases? If YES, please tell us the name of all sources from which you have heard or read about the Enron cases.”; “Have you read any books or seen any movies about Enron? If YES, please describe.”; “Are......

Words: 40397 - Pages: 162

Marriott vs Us

...gain of $1.8 million rather than a loss of $72 million" and, accordingly, that Marriott's taxable income for the tax year ended December 30, 1994, should have been increased by $73 million. Marriott filed a suit in April 2001; according to Marriott the short-sale transactions gave rise to a "contingent" rather than a "fixed" obligation that should not be considered a "liability" for purposes of determining the Partnership's tax basis pursuant to Section 752 of the Internal Revenue Code, 26 U.S.C. Section 752 of US Internal Revenue Code provide that an increase in a partner's share of the liabilities of a partnership shall be considered to be a contribution of money by the partner to the partnership, and a decrease in a partner's share of such liabilities shall be considered as a distribution of money by the partnership. Section 752 does not provide a definition of “liabilities”, and Marriott argues that IRS misinterpreted the word “liabilities” in section 752 of US Internal Revenue Code, and partnership basis should not have been adjusted by the amount caused by the short sale. IRS alleged that Marriott created the partnership just for the purposes of tax shelter and disallowed the loss; based on the fact that obligation to short sell is considered a liability and Marriott should have included the obligations in partnership basis. At the time of Marriott’s case none of the precedents addressed short sales, however, the Revenue Ruling 88-87 defined liability and......

Words: 555 - Pages: 3

Die Thundermans | 2560x1440 | Watch movie