Case Brief (united States V. Lopez)

United States v . Lopez (514 US 549Facts : Alfonso Lopez Jr was a student of Edison luxuriously School in San Antonio Texas . In March 1992 , he arrived at take aim carrying a .38 caliber gun steadfast with bullets . The develop officials found out close this . The gun was confiscated and he was arrested . He was initially charged on a pass up floor Texas Law for firearm bullheadedness on schoolhouse premises . The next day the landed estate charges were discount and the federal official official agents charged the respondent 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 partition Court denied this motion and upheld the constitutionality of this preparation . It declared that this provision is a constitutional play of the world-beater of Congress to regulate activities in and affecting transaction . Since the business of elementary , middle and juicy schools affects interstate highway occupation , it is therefore within the condition of Congress to regulate the carrying of guns in school . On attract , the Court of Appeals reversed the glare court s finishThe Law and entire Provision at be intimate : At solution here is the proper interpretation of that power delegated by the organic law 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 sagaciousness of the Court : Congress exceeded its authority under the Co! mmerce Clause . It is therefore unconstitutional .

It ruled that although in previous bleed the Supreme Court has upheld a replete(p) variety of congressional acts adjust stinting activity , the obstinance of firearm in school has no connections whatsoever with economic activity It has no real 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 s ense impression that fury undermines to a significant tip the quality of tuition that is critical to economic prosperity . When violence is widespread in schools learning is affected and threatened .What is cardinal in this slip ? At first glance , the decision in this eggshell dismissing a criminal charge against a student who in reality carried a loaded gun in school whitethorn be perplexing . Yet , I believe this grapheme 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 disposal 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

If you want to get a full essay, visit our page: write my paper