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To: Roscoe
Inane. No mention of the gun issue. Try to keep focused roscoe.
129 posted on 01/12/2003 2:47:26 PM PST by tpaine
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To: tpaine
No mention of the gun issue.

What a stupidly false claim.

The Commerce Clause empowers Congress "[t]o regulate Commerce . . . among the several States." U.S. CONST. art. I, § 8, cl. 3. In Lopez, the Supreme Court held that Congress had exceeded its power under the Commerce Clause in enacting the Gun-Free School Zones Act of 1990, 18 U.S.C. § 922(q), which made it a federal offense "for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone." This was so because the act "neither regulate[d] a commercial activity nor contain[ed] a requirement that the possession be connected in any way to interstate commerce." Lopez, 115 S. Ct. at 1626. Proyect argues that the Supreme Court's reasoning in Lopez, and its renewed willingness to place limits on congressional power, render his conviction under 21 U.S.C. § 841(a)(1) invalid. We disagree.

131 posted on 01/12/2003 4:02:37 PM PST by Roscoe
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