UNITED STATES v. Lopez

history

• Alfonzo, was a high school senior at Edison High School in San Antonio, Texas.
• He entered the school with a concealed handgun
• This violated the Gun-Free School Zone Act of 1990

History Part 2

• He received 6 months in jail and 2 years of supervised release

Lopez's Challenge

• Lopez challenged the constitutionalism of the Gun-Free School Zone Act because it does not involve any economic activity.
• Therefore it exceeds the Interstate Commerce.

Supreme Court Ruling

• The Supreme Court ruled 5-4 that the Gun-Free School Zone act was unconstitutional
• Unconstitutional because carrying guns in schools has nothing to do with economics
• therefore it doesn't fall under the Interstate Commerce Clause

Dissent

• Congress can regulate acts within a single state but significantly affect commerce of the states.
• Congress must take into account all instances rather than a single instance.
• Congress must have leeway to determine if it is a congressional issue.