Case Brief (united States V. Lopez)

United States v . Lopez (514 US 549Facts : Alfonso Lopez Jr was a student of Edison spunky School in San Antonio Texas . In March 1992 , he arrived at take aim carrying a .38 caliber gun pie-eyed with bullets . The groom officials found out astir(predicate) this . The gun was confiscated and he was arrested . He was initially charged on a trim floor Texas Law for firearm bullheadedness on indoctrinate premises . The next day the landed estate charges were dismissed and the national official agents charged the responder of violating a federal law which is the Gun-Free School regulates Act which forbids any individual knowingly to possess a firearm at a em military group that [he] knows . is a school zoneDuring the trial , the respondent challenged the constitutionality of this particular formulation under the G un-Free School Zones Act . The regularise Court denied this motion and upheld the constitutionality of this homework . It declared that this provision is a constitutional play of the originator of Congress to regulate activities in and affecting transaction . Since the business of elementary , middle and high schools affects interstate highway occupation , it is therefore within the former of Congress to regulate the carrying of guns in school . On bring up , the Court of Appeals reversed the glare court s finishThe Law and extreme Provision at be intimate : At write here is the proper interpretation of that power delegated by the governance to Congress which is the power to regulate vocation with foreign nations and among the some(prenominal) states and with the Indian TribesIssue : whether the Gun-Free School Zones Act is reasonable exercise of power under the Congress interstate handicraft clauseThe Legal smell of the Court : Congress exceeded its auth ority under the Commerce Clause . It is the! refore unconstitutional .

It ruled that although in previous excite the Supreme Court has upheld a replete(p) variety of congressional acts correct stinting activity , the obstinance of firearm in school has no connections whatsoever with economic activity It has no demonstrable effect on interstate doctor . This particular provision under the Gun-Free School Zone Act is criminal in nature that has nonhing to do with commerce per seDissenting Opinion : In his dissenting opinion , justice Breyer argued that gun-related military group in schools has an effect in interstate commerce in the smell out that fury undermines to a significant tip the quality of knowledge that is critical to economic prosperity . When violence is widespread in schools learning is affected and threatened .What is cardinal in this chemise ? At first glance , the decision in this vitrine dismissing a criminal charge against a student who actually carried a loaded gun in school may be perplexing . Yet , I believe this slip-up is not about school violence . This case is not about enforcing ban on guns in school . This is about the extent proper delineation of boundaries betwixt the powers of the federal presidency and the state governing body In this case , the federal government made a mistake in using as basis a federal statute...If you pauperization to get a full essay, order it on our website: OrderCustomPaper.com

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