United States vs. Lopez

United States vs. Lopez

Arguments

Background

U.S arguments

Lopez arguments

Issues/Questions presented

The United States Government’s argument was that 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. Because of this, the government believed that the commerce clause should be upheld and practice.

Lopez said that the creation of the law was unconstitutional. Lopez claimed that the laws went beyond the power of the United States congress; he believed that Congress was not allowed to create laws that essentially control the public school district. He also believed that commerce clause was unconstitutional.

1) Is Congress able to regulate guns in school zones under the Commerce Clause?

2) Is the 1990 Gun- Free School Zone Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause?

3) What categories of activity may Congress regulate under its commerce power?

The background: The United States v. Lopez case was the first United States Supreme Court case since the early 1930’s to create laws that limit Congress’s power. The United States v. Lopez case begins with a man named Alfonzo Lopez. Mr. Lopez was a High School Senior in San Antonio, Texas. On March 10th of 1992, Lopez carried a concealed handgun into school. The gun was loaded and Lopez had five backup rounds of ammunition tucked away in his jeans. When Lopez was confronted by police and school officials, he admitted to carrying the gun. The very next day, Alfonzo Lopez was charged with violating federal laws which banned guns on all school properties in the United States. The law Alfonzo Lopez was accused of violating was called the Gun-Free School Zone Act of 1990.

Alfonzo Lopez appealed his arrest by stating that the creation of the law was unconstitutional. Lopez claimed that the laws went beyond the power of the United States Congress; he believed that Congress was not allowed to create laws that essentially control the public school district. Lopez’s first defense failed; the court ruled that Congress possessed the authority to regulate activities that affected schools throughout the United States.

Alfonzo Lopez was convicted for carrying a weapon on school grounds. He appealed the initial court decision and brought his case to the Fifth Circuit of Appeals. Lopez again claimed that the Commerce Clause was a direct violation of the Constitution to the United States. The Fifth Circuit overturned the original conviction by stating the charges and the law itself was beyond the power of Congress. In response to this decision, the United States government then appealed to the Supreme Court. The Government wanted the commerce laws to remain in effect.

Decisions

In the final decision in the case of U.S. v. Lopez, The Supreme Court ruled in favor of Alfonso Lopez Jr. There were 5 votes for Lopez and 4 votes against him. In United States v. Lopez, the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones. The Gun-Free School Zones Act was ruled unconstitutional and they overturned Lopez's conviction.

Works Cited

Opinions

http://www.lawnix.com/cases/united-states-lopez.html

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

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

http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-sullivan/the-commerce-power/united-states-v-lopez-4/

I do believe that the Court made the right decision to limit the power of congress, but not in this case because a gun should never be brought t to school by a student. Kids go to school to learn, and when students bring any kind of weapon to school, it means that something bad might happen. It's a huge distraction and very dangerous. There is never anything good when a kid brings a weapon to school.