United States Vs. Lopez 1995

United States Vs. Lopez 1995

Decision of the Court

How Is this being Challenged as Constitutional?

• The Fifth Circuit reversed, holding that the Act went beyond Congress’ power under the Commerce Clause and was unconstitutional

• In the late 1930s the Supreme Court greatly changed course, ruling that federal laws regulating the local production of goods "substantially affected" interstate commerce and was therefore constitutional.

• The District Court denied Lopez’s motion to dismiss the fact, that the GFSZA was a constitutional exercise of Congress’ power.

• The GFSZA was a constitutional exercise of Congress power pursuant to the Commerce Clause of Article I.

Background of The Case

• The Court holds that Congress has exceeded its authority and that the power to regulate this type of criminal behavior belongs to the states.

Alfonso Lopez Jr.

Rationale of the Court

Who ?

• The District Court conducted a bench trial, found him guilty of violating Gun Free School Zones Act of 1990

Congress may regulate under its commerce power:

• A high school senior, was convicted for possessing a concealed handgun and bullets at his San Antonio high school

a) The use of the channels of interstate commerce

• He was sentenced him to six months' imprisonment and two years' supervised release.

Alfonso Lopez Jr.

b) Congress has the power to regulate and protect the interstate commerce

• On March 10, 1992
• Alfonso Lopez Jr.
• He was a 12th grade student
• At Edison High School in San Antonio, Texas
• He was carrying a .38 caliber handgun and five bullets.concealed

What?

c) The power to regulate those activities having a substantial relation to interstate commerce

Work Cited

• April 26th of 1995

When?

• http://www.law.cornell.edu/supct/html/93-1260.ZO.html

• http://www.pbs.org/wnet/supremecourt/future/landmark_us.html

• Arose out of the Gun-Free School Zones Act of 1990

Why ?