Challenges
The Supreme Court of the United States held that the original Act was an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution in United States v. Lopez, 514 U.S. 549 (1995). This was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.
Although the amended GFSZA has yet to be challenged in the United States Supreme Court, it has been reviewed and upheld by several United States Circuit Courts. In a 2005 Appellate case, United States v. Dorsey, the minor changes of the revised law were specifically challenged. In the Dorsey case, the US Court of Appeals for the Ninth Circuit ruled that the minor changes were indeed sufficient to correct the issues that had caused the original 1990 law to be struck down in United States v Lopez, and they upheld Dorsey's conviction under the revised version of the law.
Other convictions upheld post-Lopez under the revised Gun Free School Zone Act include:
- United States v Danks (Eighth Circuit 1999)
- United States v Tait (Eleventh Circuit 2000)
- United States v Haywood (Third Circuit 2002)
- United States v Smith (Sixth Circuit 2005)
- United States v Dorsey (Ninth Circuit 2005)
- United States v Nieves-Castaño (First Circuit 2007)
- United States v Weekes (Third Circuit 2007)
- United States v Benally (Tenth Circuit 2007)
- United States v Cruz-Rodriguez (First Circuit 2008)
Read more about this topic: Gun-Free School Zones Act Of 1990
Famous quotes containing the word challenges:
“A powerful idea communicates some of its strength to him who challenges it.”
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“The approval of the public is to be avoided like the plague. It is absolutely essential to keep the public from entering if one wishes to avoid confusion. I must add that the public must be kept panting in expectation at the gate by a system of challenges and provocations.”
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