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Constitutional Law

University of Arkansas at Little Rock William H. Bowen School of Law

2001

Commerce Clause

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Felons, Firearms, And Federalism: Reconsidering Scarborough In Light Of Lopez, Brent E. Newton Oct 2001

Felons, Firearms, And Federalism: Reconsidering Scarborough In Light Of Lopez, Brent E. Newton

The Journal of Appellate Practice and Process

The application of the federal prohibition of felons possessing firearms is a stretch of the Commerce Clause. Most cases involve a felon who merely happened to be in possession of a firearm. The only relationship to interstate commerce in these cases is that the firearms found were usually manufactured in another state. The application of this prohibition leaves the future of federalism in question.

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