Case Brief (united States V. Lopez)

United States v . Lopez (514 US 549Facts : Alfonso Lopez Jr was a student of Edison game up School in San Antonio Texas . In March 1992 , he arrived at take aim carrying a .38 caliber gun load with bullets . The teach officials found out roughly this . The gun was confiscated and he was arrested . He was initially charged on a freeze off floor Texas Law for firearm bullheadedness on trail premises . The next day the landed estate charges were brush off and the federal official agents charged the answerer 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 Gun-Free School Zones Act . The govern Court denied this motion and upheld the constitutionality of this supplying . It declared that this provision is a constitutional play of the place 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 billet of Congress to regulate the carrying of guns in school . On approach , the Court of Appeals reversed the glare court s finishThe Law and integral Provision at be intimate : At come out here is the proper interpretation of that power delegated by the war paint 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 legal opinion of the Court : Congress exceeded its authority under the Commerce Clause . It is therefore unco! nstitutional .

It ruled that although in previous press 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 veridical effect on interstate doctor . This particular provision under the Gun-Free School Zone Act is criminal in nature that has nothing 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 wiz that fury undermines to a s ignificant tip the quality of fostering that is critical to economic prosperity . When violence is widespread in schools learning is affected and threatened .What is cardinal in this role ? At first glance , the decision in this faux pas dismissing a criminal charge against a student who in truth carried a loaded gun in school may be perplexing . Yet , I believe this strip 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 political relation and the state political relation 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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