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Unformatted text preview: Tyler Farrar U.S. Constitution Brief # 4: U.S. v. Lopez 3/27/09 Case: United States v. Lopez , 514 U.S. 549 (1995) Facts: On March 10, 1992, Alfonso Lopez Jr. was arrested for possession of .38 caliber handgun on the grounds of Edison High School. Lopez held that he was transporting the gun to someone else for gang- related activity. Lopez was arrested for violating the federal Gun- Free School Zones Act of 1990. After being sentenced to six months in prison by a district court, his attorneys appealed to the Fifth Circuit Court of Appeals, claiming that Congress had overstepped their constitutional authority by passing the Gun-Free School Zones Act. Issue: Did Congress have the constitutional authority to pass the Gun-Free School Zone Act? Does the power to regulate interstate commerce give Congress extended powers such as the power to regulate gun possession on school property? Holding: In a 5-4 decision, the United State Supreme Court affirmed the Fifth Circuit Court of Appeals decision in favor of Lopez, that Congress overstepped its constitutional authority with the creation of the...
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