United States v Lopez

United States v Lopez - d. To sustain the Act, the...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
United States v. Lopez 1995 I. Facts a. Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. The act forbids "any individual knowingly to possess a firearm at a place that [he] knows. ..is a school zone." Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release. b. Lopez was tried and convicted. He appealed, claiming that §922(q) exceeded Congress' power to legislate under the Commerce Clause . The Court of Appeals agreed and reversed his conviction, holding that "section 922(q), in the full reach of its terms, is invalid as beyond the power of Congress under the Commerce Clause." c. The Government petitioned for Supreme Court review and the Court accepted the case.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Background image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: d. To sustain the Act, the Government was obligated to show that 922(q) was a valid exercise of the Congressional Commerce Clause power, i.e. that the section regulated a matter which "affected" (or "substantially affected") interstate commerce. II. Legal Questions presented a. Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause? b. III. Answers a. Yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity. IV. Reasons (by ___) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes...
View Full Document

Page1 / 2

United States v Lopez - d. To sustain the Act, the...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online