Saturday, April 14, 2012

Lopez Vs United States (1995)

Detains of the case: In 1995, a 12th grade student, Alfonzo Lopez, brought a 38 caliber revolver, as well a five cartridges to Edison High School in San Antonio, Texas. Lopez planned to give the unloaded weapon to another student for $40. The next day, he was charged with the violation of the Federal Gun-Free Zones Act of 1990. With a 5-4 decision, the supreme court approved the decision of the Court of Appeals. It said that Congress' power was limited, and did not extend so far from "commerce" to regulate carrying handguns. Chief Justice William Rehnquist, stated three categories that Congress could regulate under the Commerce Clause, but the court denied any consideration of the first two categories, and concluded that the resolution of the case depended only on consideration of the third category. The Court concluded that in no way was carrying handguns is a commercial activity or even related to any sort of economic enterprise. The opinion rejected the government's argument because crime negatively impacted education, Congress might have reasonably concluded that crime in schools substantially affects commerce. The Court reasoned that if Congress could regulate something so far removed from commerce, then it could regulate pretty much anything. Constitutional Significance: Lopez raised serious questions that showed how far the Court might be willing to go to require judicial safeguards against federal interference on state control.

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