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Transcript

United States v. Lopez (1995)

Questions

1) Who was Chief Justice?

2) What part of the Constitution was used to decide the ruling in this case?

3) Who did the court rule in favor of and why?

Defendant's Position

-Argued the Gun-Free School Zone Act violated Congress's Commerce Clause.

~Congress could not control the public.

- "the powers delegated by the Constitution to the federal gov't are few and defined. Those which are to remain in the State gov'ts are numbers and indefinite." (Madison)

Court Ruling

Case Brief

- 5-4 Decision; Favor of Lopez

- Gun-Free School Zone Act ruled unconstitutional.

- Held that while Congress had broad lawmaking authority under the Commerce Clause, the power was limited, and did not extend so far from "commerce" as to authorize the regulation of the carrying of handguns, especially when there was no evidence that carrying them affected the

economy on a massive scale

-Alfonzo Lopez- High school senior in San Antonio, Texas.

- Lopez carried a concealed firearm to school.

~Violated Gun-Free School Zone Act of 1990

- Lopez appealed, stating that this was unconstitutional.

~Congress could not control public

school districts.

Significance

- Chief Justice William Rehnquist

- Exceeded authority under Commerce Clause of Constitution

- Viewed as Congress overstepping boundaries in regards to control over schools.

Petitioner's Position

- The possession of a firearm on or within an educational facility would likely lead to a violent crime. A violent crime ultimately affects the condition of the school and the well being of the population

- Needed to uphold Article I Section 8 of the Constitution

~ Congress has the power to uphold and regulate the economy.

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