United States v. Lopez

United States v. Lopez

Constitutional Powers

• Expressed Powers of the Federal Government

• Interpretation of the Commerce Clause of Constitution

Background

• States Reserved right to Establish and maintain schools

• Lopez was accused Violating was called the Gun-Free School Zone
• Lopez appealed his arrest by stating that the creation of the law was unconstitutional

• The United states vs Lopez started with a boy named Alfonzo Lopez.
• Lopez was a high school senior in San Antonio, Texas
• March 10th 1992 Lopez carried a concealed handgun into school
• Gun was loaded and Lopez had five backup rounds

Final Solution

Interesting Facts

• Supreme Court, in a 5-4 decision written by Chief Justice William Rehnquist, ruled that the Gun-Free School Zones Act was unconstitutional and overturned Lopez's conviction.

• The Court responded that regulating guns in local schools is not sufficiently related to Congress's Commerce Clause power to pass constitutional muster.

• Lopez marked the first time in more than 50 years that the Court limited Congress's ever-growing commerce power.

• The Court ruled that the act exceeded the limited powers of Congress under the Constitution, rejecting the government's argument that the act was constitutional because the buying and selling of guns and associated illicit activities affect "interstate commerce," which Congress may regulate under the Commerce Clause.

• Lopez was a 12th grade student at San Antonio high school.

Principles of the Constitution

• Commerce Clause- The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

• 18 u.s. S922(q)(1)(a)- The Congress finds and declares that crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem.
• By bringing a gun into a school zone, it would become a crime of that nature.
• Amendment 2- Right to bear arms
• This amendment stops the government from taking the gun form him, but not from stopping him from bringing to a school.

http://billofrightsinstitute.org/resources/educator-resources/americapedia/americapedia-landmark-supreme-court-cases/united-states-v-lopez/

Strong Arguments

Future Conflict/Our Thoughts on the Case

Government-"Gun violence in schools leads to both more dangerous and thus less commercially healthy neighborhoods and less economically productive kids."

Court-"Regulating guns in local schools is not sufficiently related to Congress's Commerce Clause power to pass constitutional muster."

Lopez-"The Commerce Clause was a direct violation of the Constitution to the United States."

We believe that there will be future conflict on the subject of gun control in and around schools and conflict regarding the National Government's powers over Education and where the line is drawn between what affects Interstate Commerce enough to be regulated by the national government and what does not.

Reference Page

• McBride, A. (2006, December 1). The future of the court. Retrieved September 12, 2014

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

• Cornell University Law. (2014). United States v. Lopez (93-1260), 514 U.S. 549 (1995).

Retrieved from http://www.law.cornell.edu/supct/html/93-1260.ZS.html

• The Oyez Project at IIT Chicago-Kent College of Law. (2014). United States v. Lopez.

Retrieved from http://www.oyez.org/cases/1990-1999/1994/1994_93_1260.

• McBride, A. (2006), Landmark cases: United States v. Lopez.

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