Law homework 1

Law homework 1 - 2. No, it is not insignificant in the...

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Anthony Bonanni Professor Hodge – Grading TA LaDonna Harriott Law 1101 2-3-2011 Section 2.4 Problem 2-A Joe Roberts’ Constitutional Law Problem 1. Yes, the Federal Government can regulate the possession of a machine gun in Pennsylvania. According to the statute 18 U.S.C. § 922 (o) , no one is allowed to have possession of a machine gun unless you are under the authority of the United States or any Department, or unless you lawfully possessed the machine gun before this statute. Also in the case Gonzales V. Raich, Angel Raich and Diane Monson were not allowed to grow their own Marijuana or use locally grown Marijuana, even though it was for medical reasons. This case basically comes down to the fact that the government is trying to prevent drugs from being sold in illegal channels. This comes from the Drug Abuse Prevention and Control Act of 1970. In the case Wickard v. Filburn, it mentions that even if the product is not being used for commerce, it may still be regulated if it proves to have a substantial economic effect on the market.
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Unformatted text preview: 2. No, it is not insignificant in the grand scheme of things because if it isn’t illegal for him, than it isn’t illegal for anyone. If anyone was able to make their own guns, everyone would think that it would be legal to sell guns in other states. Just like the case Gonzales V. Raich, people would think that it would be ok to sell marijuana to other people for medical purposes. This creates illegal underground markets. 3. Yes, he will be convicted for possessing a machine gun because in the case Gonzales V. Raich, Congress was able to regulate any activities, such as homegrown marijuana for medical reasons, if they had an economic effect on interstate commerce. Government had the power over Diane Monson to regulate marijuana even though the state of California granted her permission to grow it for medical reasons. The same goes for Joe producing a gun locally, even without the intention of selling it....
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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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