Argumentative Essay: Gun Free School Zone Act
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Persuasive VS. Argumentative Essay
Admittedly, some of our prior cases have taken long steps down that road, giving great deference to congressional action. The broad language in these opinions has suggested the possibility of additional expansion, but we decline here to proceed any further. To do so would require us to conclude that the Constitution's enumeration of powers does not presuppose something not enumerated, and that there never will be a distinction between what is truly national and what is truly local. This we are unwilling to do. The Court specifically looked to four factors in determining whether legislation represents a valid effort to use the Commerce Clause power to regulate activities that substantially affect interstate commerce:.
Although the ruling stopped a decades-long trend of inclusiveness under the commerce clause, it did not reverse any past ruling about the meaning of the clause. Later, Rehnquist stated that the Court had the duty to prevent the legislative branch from usurping state powers over policing the conduct of their citizens. He admitted that the Supreme Court had upheld certain governmental steps towards taking power away from the states, and cited Lopez as a decision that finally stepped in to check the government's authority by defining clearly between state and federal powers. Justice Thomas filed a separate concurring opinion.
In it, Thomas describes the importance of maintaining the traditional sense of the word "commerce" as it appears in the Constitution: " For example, one cannot replace 'commerce' with a different type of enterprise, such as manufacturing Justice Breyer authored the principal dissenting opinion. With these principles in mind, Justice Breyer asked if Congress could have rationally found that the adverse effect of violent crime in school zones , acting through the intermediary effect of degrading the quality of education, could significantly affect interstate commerce. Based on the existence of empirical studies, he answered this question affirmatively.
Justice Breyer concluded that it was obvious that gun violence could have an effect on interstate commerce. The only question remaining, then, was whether Congress could have rationally concluded that the effect could be "substantial. Congress, in Justice Breyer's view, had a rational basis "for finding a significant connection between guns in or near schools and through their effect on education the interstate and foreign commerce they threaten. In his dissent, Justice Souter warned that the distinction between "commercial" and "non-commercial" activity was not tenable.
He echoed the "rational basis" theme of the Breyer dissent. Justice Stevens, in his dissent, iterated his agreement with the Breyer dissent that found ample congressional power under the Commerce Clause to regulate the possession of firearms in schools, in the same way that Congress may act to protect the school environment from alcohol or asbestos. He also agreed with Justice Souter's "exposition of the radical character of the Court's holding and its kinship with the discredited, pre-Depression version of substantive due process. Lopez was the first case since in which the Court held that Congress had exceeded its power to legislate under the Commerce Clause.
It can also be ascribed to new legislation that makes open carry in schools legal in some Texas jurisdictions. From Wikipedia, the free encyclopedia. This article has multiple issues. Please help to improve it or discuss these issues on the talk page. Learn how and when to remove these template messages. This article includes inline citations , but they are not properly formatted. Please improve this article by correcting them. August Learn how and when to remove this template message. This article cites its sources but does not provide page references. You can help to improve it by introducing citations that are more precise.
United States Supreme Court case. Daily Op. Service ; 8 Fla. Weekly Fed. S This case overturned a previous ruling or rulings. Retrieved March 9, Lopez , 2 F. Neither [in Maryland v. Wirtz ] nor in Wickard v. Filburn has the [Supreme] Court declared that Congress may use a relatively trivial impact on commerce as an excuse for broad general regulation Indeed, it could not be otherwise as the chain of causation is virtually infinite, and hence there is no private activity, no matter how local and insignificant, the ripple effect from which is not in some theoretical measure ultimately felt beyond the borders of the state in which it took place.
First, Congress may regulate the use of the channels of interstate commerce Second, 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 Finally, Congress' commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce, i. States possess primary authority for defining and enforcing the criminal law When Congress criminalizes conduct already denounced as criminal by the States, it effects a change in the sensitive relation between federal and state criminal jurisdiction. Walter F. Murphy, James E. Fleming, Sotirios A.
Barber, and Stephen Macedo, pgs. Lopez, U. As noted below, Justice Souter and Justice Stevens each wrote an additional individual dissent. The [enactment of the] legislation implies such a finding, and there is no reason to entertain claims that Congress acted ultra vires intentionally. Nor is the question whether Congress was correct in so finding. The only question is whether the legislative judgment is within the realm of reason Justice Breyer's opinion demonstrates beyond any doubt that the Act in question passes the rationality review [standard].
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Straus Scribner v. Straus Bong v. Campbell Art Co. Dick Co. Straus v. FTC United States v. Paramount Pictures, Inc. CBS Inc. Press Pub. Monroe McLoughlin v. Walker Bong v. Inter Ocean Newspaper Co. Household, poor communities and school as well have put children at risk each day. With a crime rate of 45 percent 1, residence, Norfolk has one of the highest crime rate in America. Shootings in schools are not a new occurrence, and America has dealt with multiple shootings in public schools in which the lives of many children and teachers have been undeservingly taken Elliott Because of school shootings, this leaves our children in danger with no way to protect themselves.
Gun violence in schools is an evident problem, and there are several ways to reduce the number of incidents, such as mental health screening for owners of guns, interconnectedness of communities, and more school funding. The problem with gun violence in schools has existed for years, and something should be done to eliminate the problem that endangers students who attend schools every day. Gang Violence Statistics Words 11 Pages. When speaking on juvenile violence there are many different types of violence like youth violence, school violence, dating violence, gang violence, cyber bullying, and juveniles that kill. According to gang violence statistics, about 60, gang-related arrests have been made throughout the past ten years.
Gang violence statistics reveal that gang violence among teens and adults is still a growing problem with about 7, gang-related arrests being made in alone followed by about 3, convictions throughout the …show more content… In reality, school violence statistics show that few students are killed at school, though every instance of a school shooting is a tragedy that affects entire communities and even the rest of the nation and the world. Students are much more likely, however, to be the victims of other types of school violence that are not fatal, but can have lasting negative effects on students and their educational experience. Even non-physical forms of teen violence like bullying can have serious consequences.
The government tracks incidents of school violence and reports them in the Indicators of School Crime and Safety reports, where most of these figures came from violent crimes at school. Serious violent crimes at school hit a peak in the s, when a series of school shootings and copycat shootings claimed the lives of a relatively large number of students. In the school year there were 27 homicides and 8 suicides that took place at school. These school violence statistics equals one death at school for every 1. In the same time period, however, there were 1. These school violence statistics show 46 crimes per 1, students. These incidents are not …show more content… Teen violence and teen gang involvement escalated in the s and has remained high. Youth are the most likely group to be victims or perpetrators of teen violence, but the results of teen violence affect everyone.
Secret Service, in the previous decade, the odds of a high school student being injured or threatened with a weapon were about 1 in 14, and the odds of a teen being in a physical fight were 1 in. Show More. Read More. Delinquency Among Juveniles Words 2 Pages This concern is shared by federal, state, local government government officials, and the public.
Gun Violence In Schools Words 1 Pages Not only youth is affected by gun violence at home or in the streets but also by violence in school. Why Kids Make Mistakes Words 4 Pages Juvenile crimes are serious, and need adult punishment "The rate of murders by kids has indeed been skyrocketing across the country. Open Document.Coca-Cola Gritty Definition Essay. Limelight Networks, Inc. Myers Higgins v.