United States vs. Lopez Case Brief

United States vs. Lopez Case Brief

Introduction

United States vs. Lopez, refers to the case in which a child named Alfonzo Lopez, who was 12th grade student at San Antonio High School, concealed a weapon. According to the Law in United States Texas he was charged with the possession of firearm in the school premises. He was later on charged by the federal agents on violating the law passed under a federal criminal statute's GFSZA (Gun Free School Zone Act 1990). According to this Act, nobody is allowed to possess any type of firearm in school premises, but Lopez was found guilty on going against the Law and was sentenced to imprisonment for six months along with 2years supervised release.

Discussion

United States vs. Lopez

United States vs. Lopez (1995) More than 170 years later the Supreme Court ruled in its decision, United States vs. Lopez (1995), the excessive starting using the Commerce Clause to stop and took a more restrictive interpretation as practiced so far. The Commerce Clause should not serve as a residuary power for any situation; it wanted to see the state governed like. This decision concerned similar young Alfonso Lopez Jr., who was wearing firearms to school. This violated the Federal GFSZA, Gun- Free School Zones Act of 1990. Lopez's defense in court argued that the law was unconstitutional because the federal government for the present cases no competence. The federal government tried by hooks or crook to establish a competence according to the Commerce Clause, which had an impact in arguments like the following:

The possession of weapons in a school very likely to derive a situation of violent crime, which in turn would affect the general economic situation of the region through reduced tourism. In addition, weapons in school would lead to a diminished quality of learning, which in turn would have a weaker economy in the region to follow external competence In the United States to share legislative and executive branches at the federal level, the principle of competence for Foreign Affairs.

Gun Free School Zone Act

The law defined a school zone, a place on the basis of grounds of private of public school, irrespective of level; it can be elementary or secondary. The ban on possession of firearms does not apply:

If possession is under a person not in the premises of the school or outside the school (b) if the ...