Remedial Con Law help: Lopez

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bartleby
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Remedial Con Law help: Lopez

Postby bartleby » Tue Apr 24, 2012 6:13 pm

So if SCOTUS shoots it down, Congress can just redo it? I thought I read somewhere about there being a power that's exclusive and blah blah blah to SCOTUS alone

gosh i'm fucked but at least i have 20 days

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Extension_Cord
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Re: Remedial Con Law help: Lopez

Postby Extension_Cord » Tue Apr 24, 2012 7:35 pm

bartleby wrote:So if SCOTUS shoots it down, Congress can just redo it? I thought I read somewhere about there being a power that's exclusive and blah blah blah to SCOTUS alone

gosh i'm fucked but at least i have 20 days


Congress has inherent power to pass laws. SCOTUS has original jurisdiction to hear claims that the laws are unconstitutional (different levels of review). If SCOTUS holds a law is unconstitutional it will cut out the unconstitutional part. Congress can try to redo the law in away that will not be found unconstitutional.

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gdane
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Re: Remedial Con Law help: Lopez

Postby gdane » Tue Apr 24, 2012 7:43 pm

One of teh reasons Lopez was found to be an invalid use of the commerce clause because the regulation of guns near school zones wasnt economic activity. The Court said Congress wasnt actually regulating commerce.

What congress then did was to add a "jurisdictional hook" to the legislation that said that any guns that traveled in interstate commerce could be banned. Congress narrowed the legislation to make it clear that they were regulating an instrumentality of commerce.

So Congress can presumably go back and alter statutes found not be regulate commerce by adding "hooks" that tie the regulated thing to interstate commerce.

I hope this helps. Gook luck!

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SilverE2
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Re: Remedial Con Law help: Lopez

Postby SilverE2 » Tue Apr 24, 2012 7:52 pm

gdane wrote:I hope this helps. Gook luck!


Image

bartleby
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Re: Remedial Con Law help: Lopez

Postby bartleby » Tue Apr 24, 2012 9:19 pm

Lol it does help. Noy sure what gif was but probably not nice. Cryy




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