LAW 606 Lecture Notes - Lecture 9: Rational Basis Review, Controlled Substances Act, Mens Rea
1 Jun 2020
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United states v. lopez (cornerstone case for rhenquist court) This doesn"t regulate education. (b) if not economic : it is presumptively not substantial. (this leaves open proving otherwise. , no aggregation is allowed, no rational basis review. The presence of a gun near a school did not substantially affect interstate commerce- nothing in the statute limits its application to guns instances where there was proof that the gun had been part of interstate commerce (3). Prohibiting crimes against anyone who has travelled across state line and has committed crime against women. Or just add a catch all- if it substantially affects interstate commerce. Page 2 of 4 (d) findings to prove substantial affects- it does in its broader applications but this is unpersuasive. (e) traditional state concern- defining mens rea (criminal) He thinks you get to aggregate even though it is not economic- he thinks that this overcomes the presumption that this does not substantially affecting interstate commerce.
