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United States V. Lopez
10
United States v.
Lopez
Jackson Blauer and Vineesh Adala
Big Question
Can Congress pass a law prohibiting gun possession in local school zones?
Big Question
Constitutional Connection
United States v. Lopez brings the Commerce Clause (Article 1, Section 8, Clause 3) of the constiitution under question.
Constitutional Connection
Key Facts
- Case Name: United States v. Lopez
- Argued November 8, 1994 and decided April 26,1995
- A 12th grade student carried a concealed handgun into his high school, violating the Gun-Free School Zones Act of 1990
- Originally ruled by District Courts that it was an exercise of Congress' power to regulate activities affecting commerce (Permited by the Commerce Clause)
- The Court of Appeals the Supreme Court reversed the decision in support of Lopez, in a 5-4 decision, that the act exceeds Congress' Commerce Clause authority
Court Holding
A 5-4 decision supporting Lopez concluded that the prohibition of guns in local school zones was not included under the Commerce Clause, outside of Congress's power, and unconstitutional.
Court Holding
Impact of Case
- Shows that possession of a gun is not an economic activity that has any impact on interstate commerce, therefore the federal government cannot base a law prohibiting gun possession near schools based on the Commerce Clause
- This case preserved the system of federalism. It upheld that states have control of local issues (like gun possession on school grounds)
- Reaffirmed the balance of power between the federal government and state government
- Limited the federal governments power by concluding that Congress had given itself too much power
Connections
Another big case that had to do with the commerce clause was US v. Morrison, as it also was struck down for the same reason. The US used the commerce clause beyond its powers, which led to the Supreme Court siding with Morrison. US v. Lopez set the precedent and was a big reason why US v. Morrisson was ruled the way it was.
Connections
Trick to Remember
You can remember this case by:
Pez was one of the first to create a candy dispenser gun. When you hear LoPEZ think of guns and gun laws.
Remember
Article
A highschool senior chose to take a gun to school one day, and got charged in the state. That became a federal charge because it was against the Gun Free School Zone Act. This senior testified, saying this was unconstitutional since the school was under state and local laws. The US defended this by relating back to the commerce clause, but with the Supreme Courts power, they called this unconstitutional as it was out of their powers to do this. We chose this article because it depicts each and every important detail of this case. It provides background for the case, and proves why the US lost the case.
https://billofrightsinstitute.org/e-lessons/united-states-v-lopez-1995
The Journey to the Supreme Court
Extra
This case started off at the state level, as Lopez was charged by Texas. Those charges were later droppped as Lopez was then charged on the federal level. He was sentenced for 6 years of prison and 2 years of probation. Lopez testified against the federal government, which led to the federal government defending themselves. This eventually led to the Supreme Court making the final decision, and siding with Lopez as the federal government doesn't have the power to charge Lopez using the commerce clause.
The Court
The Chief Justice for the US v. Lopez case was Chief Justice William Rehnquist. The majority opinion was also authored by Chief Justice William Rehnquist.
The Court
The Ranking
This case caused a monumental change in the government. Congress was no longer allowed to abuse their power. Congress maniupulated their ability to exercise power, and it ended up hurting them. This also really showed the power of judicial review. It showed how big of a change judicial review can really make. It also emphasized check and balances as no branch is going above their power. This case is top 5 when it comes to rankings because without check and balances, our government would be corrupt. This case really set that base for checks and balances and preserved federalism in the process.
Sources
- https://supreme.justia.com/cases/federal/us/514/549/#:~:text=Lopez%2C%20514%20U.S.%20549%20(1995)&text=Gun%20possession%20is%20not%20an,schools%20on%20the%20Commerce%20Clause.
- https://www.thirteen.org/wnet/supremecourt/future/landmark_us.html#:~:text=Lopez%20(1995)%20marked%20the%20first,Court%20limited%20Congress's%20commerce%20power.&text=In%20United%20States%20v.,possession%20in%20local%20school%20zones.
- https://www.khanacademy.org/humanities/ap-us-government-and-politics/foundations-of-american-democracy/constitutional-interpretations-of-federalism/a/us-v-lopez-1995#:~:text=Lopez%20matter%3F-,US%20v.,gun%20possession%20on%20school%20grounds.
Kahoot
https://create.kahoot.it/details/27d1d0e0-4262-424e-b82e-f7201e3aa3e9