Preview

Supreme Court Case: United States Vs. Lopez

Good Essays
Open Document
Open Document
494 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Supreme Court Case: United States Vs. Lopez
The court case, United States v. Lopez, was the first Unites States Supreme Court case in a long time, since the early 1930’s, that confines the power of congress. Which functions the importance of the relationship between the federal government and the states. The National and State government both share similarities in which they create and enforce laws. The United States has been dependent on sharing powers with the Federal government and individual State government. However, many cases have been able to represent the arbitrary to the allocation of powers. This case in particular showed that Congress was way over their power for controlling a public school district. First of all, this case all started on March 10, 1992, when Alfonzo Lopez carried a concealed handgun on school grounds. The High School Senior, in San Antonio, Texas, had a loaded gun along with five backup rounds of ammunition, and claimed to be holding it for a friend he was selling to. School authorities were advised about the calamity, and they instantly confronted him. Alfonzo Lopez admitted to circumstance and was immediately charged with violating federal laws; Alfonzo was charged for the violation of the Gun-Free School Zone Act of 1990. …show more content…
Withal, Alfonso Lopez’s first defense failed because according to the court, Congress had the authority to administer enterprise that affected schools throughout the United States. His defense to the initial court was brought to the Fifth Circuit of Appeals, and he used his claimed anew about Commerce Clause being a violation of the Constitution of the United States. The Fifth Circuit took in the case and stated that the act was beyond the power of

You May Also Find These Documents Helpful

  • Better Essays

    The role of Federal Government and State Governments have been very important for a longtime in the United States. The relationship between Federal Government and State Governments are defined in the United States Constitution, which is a great guideline of development for us to run the entire country. In the Constitution, both governments have the same or their own powers. “The Federal and State governments share many similarities power such as setting up courts, building highways, spending money for the betterment of the general welfare, making and enforcing laws, chartering banks and corporations, creating and collecting taxes, and taking private property with just compensation” (Longley). Our current government is based on a system that…

    • 1375 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Bravo Fernandez v. United States is a court case that deals with Double Jeopardy. Double Jeopardy can be defined as “the prosecution of a person twice for the same offense (dictionary.com). ” Bravo Fernandez v. United States was argued on October 4th, 2016, because of an incident that took place in May of 2005. Mr. Fernandez, whom is the president of a private security firm in Puerto Rico, and Hector Martinez-Maldonado who is a member of the Senate. Both traveled to Las Vegas to watch a boxing match. Mr. Fernandez and Mr. Martinez-Maldonado were indicted for the trips payment. The charges were violation of the federal bribery statute, conspiracy, and the Travel Act. These charges tied Mr. Martinez-Maldonado’s support of legislation beneficial…

    • 319 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In the case US v. Calandra (1974), Calandra was being questioned by the federal grand jury about loan sharking business. The reason the jury was asking these question were based on the evidence obtained at his company. Calandra didn’t want to answer any questions because he felt that the search of the company was an unlawful search and that it violated his fourth amendment exclusionary rule. The refusal to answer the grand jury, was what was being question about this case. Calandra felt like because of the exclusionary rule unde0r the fourth amendment he didn’t have to answer but he was wrong. The supreme court held that the exclusionary rule was only applicable in criminal courts and was not meant to be seen as a right but as a way to reduce unreasonable searches and seizures conducted by police ("Oyez: US v. Calandra," n.d.).…

    • 1275 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Branzburg v. Hayes was the only ever supreme court case to deal with reporter’s privilege. The ruling of this case was that reporter’s had no right to hide their sources in a court case. The chief justice at the time,Warren Burger, made a point that reporters, “like other citizens, [must] respond to relevant questions put to them in the course of a valid grand jury investigation or criminal trial (Fargo,2010).” With a decision that was five for and four against, this case was not an open and shut many thought it to be. Calling into play a look at the first amendment and what it really means when it says the freedom of speech. Interpreting a document that is more than two hundred years old is not an easy task to accomplish, having to combine…

    • 165 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The United States v. Lopez case was the first United States Supreme Court case since the early 1930’s to create laws that limit Congress’s power. On March 10th of 1992, Lopez brought a handgun into school. When the police asked him if he did bring it , he didn't lie, he said the " yes I did carry the gun".Not a few days later Lopez was charged with violating federal laws which banned guns on all school properties in the United States. Because of what he did , the federal law came with an act called "Gun-Free School Zone Act of 1990".…

    • 445 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Louisiana placed a law giving separate railway cars for blacks and whites. In 1892, Homer Plessy- 7/8 Caucasian, sat in a "whites only" car of a Louisiana train, and refused to move to the car for blacks and was then arrested. The Court had to decide whether the Louisiana law was unconstitutional under the 14th amendment. The Court ruled that the state law was within its constitutional boundaries. The majority of this case supported the state-imposed racial segregation. The Court based their final decision on the separate but equal doctrine and agreed that the state had separate facilities for blacks and whites, which were equal. Brown stated that the 14th amendment was imposed to provide complete equality of races before the law. In…

    • 3484 Words
    • 14 Pages
    Powerful Essays
  • Satisfactory Essays

    Lopez was definitely in the wrong in bringing a gun to school, but it should have been up to the state to punish him and Congress should not have gotten involved. I too think that this case kept or court system in check too. If the Court had agreed with Congress then I believe it would have increased Congress’s power. This case showed that Congress could not get away with saying it fit effected the interstate commerce.…

    • 77 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Edd 520 Case Study 1

    • 744 Words
    • 3 Pages

    There was an incident at Horribly Heard Middle School in Dayton, Georgia. A young man names, Bruce, brought a gun to school and was taken into custody by the Dayton Police Department along with the help of the Department Juvenile…

    • 744 Words
    • 3 Pages
    Good Essays
  • Good Essays

    At times in schools, there could be disagreements and disputes between the decisions of government and the rights of individuals. Students attend school in order to become well-educated young adults. The schoolteacher’s main objective is to make sure that students are receiving the maximum amount of learning to prepare them for future endeavors. Schools educate students on citizenship and what it means to live in a democracy. Public schools are under the Bill of Rights and the Fourteenth Amendment, which gives citizens protection of their individual liberties from governmental interference. Public school officials must obey the demands of the Constitution. The Supreme Court ruled in the 1943 case West Virginia State Board of Education v. Barnette…

    • 1428 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Miller v. California

    • 675 Words
    • 2 Pages

    Today in our criminal justice system there exists a policy known as “The Miller Test”. The purpose of this test is to determine whether or not a given substance is obscene or not. It is a test that is frequently used today by police, and its significance is clearly obvious. The “Miller Test” is a direct result from the outcome of the U.S Supreme Court decision, Miller v. California. In this case, a local business owner who specialized in adult content and pornography, decided to market his business by mailing pornographic sampling material around the neighborhood. An unwilling recipient was mailed the graphic material and immediately contacted the authorities, whom later took Miller into custody. Miller was brought to court and charged under the California penal code which stated that:…

    • 675 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Armarcion D. Henderson v. The United States of America, 11-9307 (2011) Retrieved from sblog.s3.amaxonaws.com Academic database < http://sblog.s3.amazonaws.com/wp-content/uploads/2012/06/11-9307-Henderson-v.-U.S.-Petition.pdf>…

    • 1224 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The outcome of cases that have gone through the United States Supreme Court judicial branch have each had a major impact on how the laws and amendments of the United States Constitution are interpreted. Two cases in particular that expanded constitutional liberties is the case of Engel vs. Vitale (1962) and the case of Tinker vs. Des Moines School District (1969). Not only did both of these cases expand constitutional liberties in general, they more specifically, expanded rights within the school system.…

    • 870 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Many school shootings take place when a troubled, confused, or upset student gets pushed over the edge. Bullying, arguing with, or even just bumping into one of these students could turn lethal if the student was carrying a concealed weapon. Many people argue that anyone with a concealed weapons permit is sane enough to not misuse their weapon. On paper that may may be true, but in the real world people change. They go through experiences that could change them and make them into a troubled person. The 1994 Brady Handgun Violence Prevention Act requires gun buyers to complete different background checks. It wasn’t a foolproof system, it had a loophole. Any banned magazine or assault weapon manufactured before the law was put in place…

    • 180 Words
    • 1 Page
    Good Essays
  • Good Essays

    In the late 90’s it wasn’t too common to hear about a student bringing in a loaded gun to school. In the case of the two students arrested on gun charges is a different story. It was the beginning of the school year, so there shouldn’t have been any quarrels. However, in Clearwater, Florida local high schools have been receiving bomb threats and fights have been breaking out at different schools in Pinellas County, Florida but that didn’t stop Christopher Bloom and Christopher Brown from bringing a gun to school. In our days it’s becoming more and more popular that there are people shooting up schools and malls. In the case involving two students arrested on gun charges one student had a .22 caliber handgun on the school grounds. The gun was found in Bloom possession. Bloom already has a prior record for…

    • 465 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Texas V. Johnson

    • 1126 Words
    • 5 Pages

    In 1984, following a protest march through the streets of Dallas, Texas against the policies of the Reagan Administration, Gregory Lee Johnson was handed an American flag. Outside the Dallas City Hall, Johnson through the flag onto the ground, poured kerosene on it, and set fire to it. Many protesters around Johnson began a chant of, "America, the red, white, and blue, we spit on you!" While many protesters agreed with what Johnson had done, there were several others who felt extremely offended. In fact, one such person felt the need to gather the remains of the flag which he then buried in his yard. The protest was a nonviolent one and no one standing nearby was hurt or threatened.…

    • 1126 Words
    • 5 Pages
    Better Essays