Case Brief (united States V. Lopez)

United States v . Lopez (514 US 549Facts : Alfonso Lopez Jr was a student of Edison mettlesome School in San Antonio Texas . In March 1992 , he arrived at initiate carrying a .38 caliber gun loaded with bullets . The school officials found out about this . The gun was confiscated and he was arrested . He was initially charged chthonian Texas Law for firearm ownership on school premises . The next day the render charges were dismissed and the federal official agents charged the respondent of violating a federal law which is the Gun-Free School partition offs Act which forbids any individual knowingly to possess a firearm at a mooring that [he] knows . is a school zoneDuring the trial , the respondent challenged the constitutionality of this particular preparedness under the Gun-Free School Zones Act . The District Court denied this front and upheld the constitutionality of this provision . It declared that this provision is a constitutional exemplar of the powerfulness of Congress to regulate activities in and affecting occupation . Since the business of elementary , middle and high schools affects interstate highway occupation , it is therefore within the power of Congress to regulate the carrying of guns in school . On appeal , the Court of Appeals reversed the glare court s decisionThe Law and Constitutional Provision at reveal : At issue here is the proper interpretation of that power delegated by the Constitution to Congress which is the power to regulate mercantilism with foreign nations and among the several states and with the Indian TribesIssue : whether the Gun-Free School Zones Act is well-grounded exercise of power under the Congress interstate transaction ClauseThe Legal Opinion of the Court : Congress exceeded its authority under the Commerce Clause . It is therefore unconstitutional .

It ruled that although in previous show window the Supreme Court has upheld a broad variety of congressional acts regulating economic activity , the ownership of firearm in school has no connections whatsoever with economic activity It has no substantial effect on interstate work . 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 ferocity in schools has an effect in interstate commerce in the sense that rage undermines to a significant purpose the quality of education that is critical to economic prosperity . When violence is widespread in schools learning is affected and threatened .What is burning(prenominal) in this Case ? At first glance , the decision in this case dismissing a criminal charge against a student who actually carried a loaded gun in school may be perplexing . Yet , I believe this case 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 among the powers of the federal government and the state government In this case , the federal government made a mistake in using as basis a federal statute...If you fate to get a full essay, order it on our website: Ordercustompaper.com

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