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Scarborough v. United States, 431 U.S. 563 (1977)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Scarborough v. United States, 431 U.S. 563 (1977)
Scarborough v. United States No. 75-1344 Argued March 2, 1977 Decided June 6, 1977 431 U.S. 563
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Syllabus
In a prosecution for possession of a firearm in violation of the provision of Title VII of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C.App. § 1202(a), making it a crime for a convicted felon to possess "in commerce or affecting commerce" any firearm, proof that the possessed firearm previously traveled at some time in interstate commerce held sufficient to satisfy the statutorily required nexus between possession and commerce. This is so, where, as in this case, the firearm in question traveled in interstate commerce before the accused became a convicted felon; the nexus need not be "contemporaneous" with the possession. Both the text and legislative history of the statute show a congressional intent to require no more than the minimal nexus that the firearm have been, at some time, in interstate commerce and to outlaw possession broadly, with little concern for when the nexus with commerce occurred. Pp. 567-577.
539 F.2d 331, affirmed.
MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, WHITE, BLACKMUN, POWELL, and STEVENS, JJ., joined. STEWART, J., filed a dissenting opinion, post, p. 578. REHNQUIST, J., took no part in the consideration or decision of the case.
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Chicago: U.S. Supreme Court, "Syllabus," Scarborough v. United States, 431 U.S. 563 (1977) in 431 U.S. 563 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=VCK7DQCQD2W33QZ.
MLA: U.S. Supreme Court. "Syllabus." Scarborough v. United States, 431 U.S. 563 (1977), in 431 U.S. 563, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VCK7DQCQD2W33QZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Scarborough v. United States, 431 U.S. 563 (1977). cited in 1977, 431 U.S. 563. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=VCK7DQCQD2W33QZ.
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