Jackie Law HW 1

Jackie Law HW 1 - Constitutional Law Problem , he violated...

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Jackie Ling Samuel D. Hodge Legal Environment of Business Law 2 February 2011 Homework #1 1. Yes, the federal government can regulate the possession of a machine-gun made within Pennsylvania and was never part of interstate commerce. As it was stated in Wickard v. Filburn , “even if appelee's activity be local and though it may not be regarded as commerce, it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce”. As long as the federal government feels as though the production of the machine-gun can endanger the national market, it can regulate the entire class. 2. No, Joe's defense for the possession of a machine-gun wasn't important compared to grand scheme of things. Joe doesn't have the right to possess the machine gun. Within the letter, Joe Roberts'
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Unformatted text preview: Constitutional Law Problem , he violated the act 18 U.S.C 922 , in which no one can have a machine- gun unless he or she has the authority under the United States, any department or agency under the state. 3. Yes, Joe will be convicted for owning a machine-gun. Based upon the case, Gonzales v. Raich, the case law gives Congress the ability to regulate any local activities that are part of an economic class of activities that will have an effect on interstate commerce. Even though Monson produces her own marijuana within the state of California which gives permission to cultivate for medical purposes, Congress still has power to regulate since it can effect a national market for marijuana. Much like Joe trying to produce a machine-gun which was a local action. The government still has power over him....
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This note was uploaded on 03/29/2011 for the course LAW 1101 taught by Professor Hodge during the Spring '11 term at Temple.

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