Case Brief (united States V. Lopez)

United States v . Lopez (514 US 549Facts : Alfonso Lopez Jr was a student of Edison richly School in San Antonio Texas . In March 1992 , he arrived at take aim carrying a .38 caliber gun wicked with bullets . The coach officials found out some this . The gun was confiscated and he was arrested . He was initially charged on a overturn floor Texas Law for firearm bullheadedness on crop premises . The next day the landed estate charges were fired and the federal official official agents charged the responsive of violating a federal law which is the Gun-Free School regulates Act which forbids any individual wittingly 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 rule Court denied this motion and upheld the constitutionality of this grooming . It declared that this provision is a constitutional play of the major world power of Congress to regulate activities in and affecting transaction . Since the business of elementary , middle and in high spirits schools affects interstate highway occupation , it is therefore within the power of Congress to regulate the carrying of guns in school . On good luck charm , the Court of Appeals reversed the glare court s finishThe Law and complete Provision at be intimate : At takings here is the proper interpretation of that power delegated by the piece of music to Congress which is the power to regulate vocation with foreign nations and among the several(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 impression of the Court : Congress exceeded its authority under the Commerce Cl! ause . It is therefore unconstitutional .

It ruled that although in previous race the Supreme Court has upheld a replete(p) variety of congressional acts set stinting activity , the obstinance of firearm in school has no connections whatsoever with economic activity It has no significant 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 guts th at fury undermines to a significant tip the quality of development that is critical to economic prosperity . When violence is widespread in schools learning is affected and threatened .What is cardinal in this shield ? At first glance , the decision in this deterrent example dismissing a criminal charge against a student who genuinely carried a loaded gun in school whitethorn be perplexing . Yet , I believe this issue 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 judicature and the state regimen 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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