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The 1910 Mann Act (White-Slave Traffic Act) among other things banned the interstate transport of females for otherwise undefined "immoral purposes", which were taken to include consensual extramarital sex. This act was used, in addition to less controversial cases, to allow federal prosecution of unmarried couples who had for some reason come ...
Following the Lopez decision, Congress rewrote the Gun Free School Zones Act of 1990 in June 1995 with the necessary interstate-commerce "hook" used in other Federal gun laws. [1] This includes an added requirement for prosecutors to prove during each prosecution case that the gun moved in or affected interstate or foreign commerce.
In the last six years, the Supreme Court has further narrowed that path, creating what one federal judge called a “Constitution-free zone” for federal law enforcement.
Lopez (1995), [29] a federal law mandating a "gun-free zone" on and around public school campuses was struck down. The Supreme Court ruled that there was no clause in the Constitution authorizing the federal law. This was the first modern Supreme Court opinion to limit the government's power under the Commerce Clause.
Liberal wing has ‘fear for our democracy’ after major ruling shields Trump and all presidents from criminal prosecution ‘A law-free zone around the president’: Supreme Court liberal ...
In 1995, the Court held that the Crime Control Act of 1990, which the Gun-Free School Zones Act was a part of, was unconstitutional because it was an "impermissible extension of congressional power under the Commerce Clause." [34] Lopez remains the central case regarding the authority of Congress under the commerce power. [35]
Home rule in the United States relates to the authority of a constituent part of a U.S. state to exercise powers of governance; i.e.: whether such powers must be specifically delegated to it by the state (typically by legislative action) or are generally implicitly allowed unless specifically denied by state-level action.
The Act explicitly rescinded all constitutional law proclaimed by both the Austrofascist and the Nazi regime. [ 16 ] For the time being, the Act was largely symbolic, however: in the same breath, the Government enacted a Provisional Constitution ( Vorläufige Verfassung ) that reconfirmed the Government's dual role as the country's supreme ...