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United States V. Lopez
''United States v. Alfonso D. Lopez, Jr.'', 514 U.S. 549 (1995), was a landmark case of the United States Supreme Court concerning the Commerce Clause. It was the first case since 1937 in which the Court held that Congress had exceeded its power to legislate under the Commerce Clause. The case arose from a San Antonio high school student's challenge to the Gun-Free School Zones Act of 1990 (part of the Crime Control Act of 1990), which banned possession of handguns within 1000 feet (305 meters) of a school. In a majority decision joined by four other justices, Chief Justice William Rehnquist held that Lopez' possession of the gun was not economic activity and its scope was not sufficiently cabined, and so was outside the broad reach of the Commerce Clause. After the ''Lopez'' decision, the Gun-Free School Zones Act of 1990 was amended to specifically only apply to guns that had been moved via interstate or foreign commerce. In his dissent, Associate Justice Stephen Breyer argued ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article One Of The United States Constitution
Article One of the United States Constitution establishes the legislative branch of the Federal government of the United States, federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the United States House of Representatives, House of Representatives and the United States Senate, Senate. Article One grants Congress various Enumerated powers (United States), enumerated powers and the ability to pass laws "Necessary and Proper Clause, necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the U.S. state, states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One estab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bullets
A bullet is a kinetic projectile, a component of firearm ammunition that is shot from a gun barrel. Bullets are made of a variety of materials, such as copper, lead, steel, polymer, rubber and even wax. Bullets are made in various shapes and constructions (depending on the intended applications), including specialized functions such as hunting, target shooting, training and combat. Bullets are often tapered, making them more aerodynamic. Bullet sizes are expressed by their weights and diameters (referred to as "calibers") in both imperial and metric measurement systems. For example: 55 grain .223 caliber bullets are of the same weight and caliber as 3.56 gram 5.56mm caliber bullets. Bullets do not normally contain explosives but strike or damage the intended target by transferring kinetic energy upon impact and penetration. Bullets shot by firearms can be used for target practice or hunting. Description The term ''bullet'' is from Middle French, originating as the diminutive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Power (United States Constitutional Law)
In United States constitutional law, the police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. Police power is defined in each jurisdiction by the legislative body, which determines the public purposes that need to be served by legislation. Under the Tenth Amendment to the United States Constitution, the powers not delegated to the Federal Government are reserved to the states or to the people. This implies that the Federal Government does not possess all possible powers, because most of these are reserved to the State governments, and others are reserved to the people. Police power is exercised by the legislative and executive branches of the various states through the enactment and enforcement of laws. States have the power to compel obedience to these laws through whatever measures they see fit, provided these measures do not infring ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Handgun
A handgun is a short- barrelled gun, typically a firearm, that is designed to be usable with only one hand. It is distinguished from a long gun (i.e. rifle, shotgun or machine gun, etc.), which needs to be held by both hands and also braced against the shoulder to be used properly. The two most common types of handguns in modern times are revolvers and semi-automatic pistols, although other types such as derringers and machine pistols also see infrequent usage. Before commercial mass production, handguns were often considered a badge of office, comparable to a ceremonial sword. As they had limited utility and were more expensive than the long guns of the era, the few who could only afford to purchase them carried these handguns. However, in 1836, Samuel Colt patented the Colt Paterson, the first practical mass-produced revolver, which was capable of firing five shots in rapid succession and very quickly became a popular defensive weapon, giving rise to the saying, "God cre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Violent Crime
A violent crime, violent felony, crime of violence or crime of a violent nature is a crime in which an offender or perpetrator uses or threatens to use harmful force upon a victim. This entails both crimes in which the violence, violent act is the objective, such as murder, assault, rape and assassination, as well as crimes in which violence is used as a method of coercion or show of force, such as robbery, extortion and terrorism. Violent crimes may, or may not, be committed with weapons. Depending on the jurisdiction, violent crimes may regarded with varying severities from homicide to harassment. There have been many theories regarding heat being the cause of an increase in violent crime. Theorists claim that violent crime is persistent during the summer due to the heat, further causing people to become aggressive and commit more violent crime. Violent criminals who use hostile acts towards others include murderers, active shooters, kidnappers, rapists, burglars, Robbery, mugg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maryland V
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to its east. Baltimore is the largest city in the state, and the capital is Annapolis. Among its occasional nicknames are '' Old Line State'', the ''Free State'', and the ''Chesapeake Bay State''. It is named after Henrietta Maria, the French-born queen of England, Scotland, and Ireland, who was known then in England as Mary. Before its coastline was explored by Europeans in the 16th century, Maryland was inhabited by several groups of Native Americans – mostly by Algonquian peoples and, to a lesser degree, Iroquoian and Siouan. As one of the original Thirteen Colonies of England, Maryland was founded by George Calvert, 1st Baron Baltimore, a Catholic convert"George Calvert and Cecilius Calvert, Barons Baltimore" William Hand Browne, Nabu Pre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
5th Cir
Fifth is the ordinal form of the number five. Fifth or The Fifth may refer to: * Fifth Amendment to the United States Constitution, as in the expression "pleading the Fifth" * Fifth column, a political term * Fifth disease, a contagious rash that spreads in school-aged children * Fifth force, a proposed force of nature in addition to the four known fundamental forces * Fifth (Stargate), a robotic character in the television series ''Stargate SG-1'' * Fifth (unit), a unit of volume used for distilled beverages in the U.S. * Fifth-generation programming language * The fifth in a series, or four after the first: see ordinal numbers * 1st Battalion, 5th Marines * The Fraction 1/5 * The royal fifth (Spanish and Portuguese), an old royal tax of 20% Music * A musical interval (music); specifically, a ** perfect fifth ** diminished fifth ** augmented fifth * Quintal harmony, in which chords concatenate fifth intervals (rather than the third intervals of tertian harmony) * Fifth (chord) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holding (law)
The holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under ''this'' law, with ''these'' facts, ''this'' result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding. The ''holding'' is the "legal principle to be drawn from the opinion (decision) of the court." Appellate review "The word 'holding' is indefinite and may refer to a trial ruling of the court upon evidence or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial, nor any written memorandum opinion filed, may be assigned as error on appeal, as the final decision in a law action is the judgment signed, based upon the court's findings of fact and conclusions of law."''Edward L. Eyre & Co. v. Hirsch'', 36 Wn.2d 439, 446 (1950) See also *''Rat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * Middle District of Louisiana * Western District of Louisiana * Northern District of Mississippi * Southern District of Mississippi * Eastern District of Texas * Northern District of Texas * Southern District of Texas * Western District of Texas The Fifth Circuit has 17 active judgeships, and is headquartered at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana, with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans. Originally, the Fifth Circuit also included the federal district courts in Alabama, Georgia, and Florida. In 1981, the district courts for those states were transferred to the newly created U.S. Court of Appeals for the Eleventh Circuit. History of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interstate Commerce
The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to under specific terms: the Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more broad, expansive perspective of these powers. During the Marshall Court era (1801–1835), interpretation of the Commerce Clause gave Congress jurisdiction over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Western District Of Texas
The United States District Court for the Western District of Texas (in case citations, W.D. Tex.) is a federal district court. The court convenes in San Antonio with divisions in Austin, Del Rio, El Paso, Midland, Pecos, and Waco. It has jurisdiction in over 50 Trans-Pecos, Permian Basin, and Hill Country counties of the U.S. state of Texas. This district covers over and seven divisions. Along with the District of New Mexico, Southern District of Texas, and District of Arizona, it is one of the busiest district courts in terms of criminal felony filings. History The first federal judge in Texas was John C. Watrous, who was appointed on May 26, 1846, and had previously served as Attorney General of the Republic of Texas. He was assigned to hold court in Galveston, at the time, the largest city in the state. As seat of the Texas Judicial District, the Galveston court had jurisdiction over the whole state. On February 21, 1857, the state was divided into two districts, Unit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
