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Unformatted text preview: d. To sustain the Act, the Government was obligated to show that 922(q) was a valid exercise of the Congressional Commerce Clause power, i.e. that the section regulated a matter which "affected" (or "substantially affected") interstate commerce. II. Legal Questions presented a. Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause? b. III. Answers a. Yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity. IV. Reasons (by ___) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes...
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- Fall '09