Percy Elwayne Demerson v. United States
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Does the federal Unlawful Felon in Possession of a Firearm statute (18 U.S.C. § 922(g)(1)) exceed Congress's authority to regulate under the Commerce Clause?
QUESTIONS PRESENTED Recently this Court and individual Justices have increasingly explained that Congress’s power under the Commerce Clause to criminalize conduct otherwise falling under the states’ traditional police power is subject to limits. Q: In light of Bond v. United States,’ Nat'l Fed’n of Indep. Bus. v. Sebelius,” and the dissent from denial of certiorari in Alderman v. United States,’ does the federal Unlawful Felon in Possession of a Firearm statute (18 U.S.C. § 922(g)(1)) exceed Congress’s authority to regulate under the Commerce Clause? 1 U.S. _, 134 S.Ct. 2077 (2014). 2 US. _, 132 S.Ct. 2566 (2012) (NFIB). 7131S. Ct. 700, 701 (Thomas and Scalia, JJ., dissenting from denial of certiorari), citing United States v. Lopez, 514 U.S. 549, 558-559 (1995). ii PARTIES Percy Elwayne Demerson is the Petitioner; he was the defendant-appellant below. The United States of America is the Respondent; it was the plaintiff-appellee below. iii