Gun Free School Zone
United States Vs. Lopez (1995)
HIS 303
March 28, 2010
United States Vs. Lopez (1995)
Before I can appropriately discuss the opinion given by the US Supreme Court Justices; I feel that at first I must explain the background of what happened and the question that was brought before the justices of the US Supreme Court and the facts of the case. During this paper I will try to give some background information as well as the various opinions related to this issue. I will attempt to analyze and discuss the overall final outcome as issued by the courts in 1995. On March 10, 1992 Alfonzo Lopez Jr., who was then a 12th-grade student (senior), arrived at Edison high School in San Antonio, Texas, carrying on his person a concealed .38 caliber handgun and five bullets. Acting on an anonymous tip, the school authorities confronted Alfonzo, who readily admitted to having the weapon. He was arrested and charged under Texas law with firearm possession on school property. The next day the state charges were dropped and federal agents charged Alfonzo with federal charges of violating the Gun-Free School Zones Act of 1990. The question that was brought before the courts: Is the Gun-Free School Zones Act of 1990, 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? (The Oyez Project, 2010). One of the most important sections of Article I is section 8. It carefully lists the powers the Framers wished the new Congress to possess. These specified or enumerated powers contain many key provisions that had been denied to the Continental Congress under the Articles of Confederation. For example, one of the major weaknesses of the Articles was Congress’s lack of authority to deal with trade wars. The Constitution remedied this problem by authorizing Congress to “regulate Commerce with foreign Nations, and among the several States.” Congress was also
HIS 303
March 28, 2010
United States Vs. Lopez (1995)
Before I can appropriately discuss the opinion given by the US Supreme Court Justices; I feel that at first I must explain the background of what happened and the question that was brought before the justices of the US Supreme Court and the facts of the case. During this paper I will try to give some background information as well as the various opinions related to this issue. I will attempt to analyze and discuss the overall final outcome as issued by the courts in 1995. On March 10, 1992 Alfonzo Lopez Jr., who was then a 12th-grade student (senior), arrived at Edison high School in San Antonio, Texas, carrying on his person a concealed .38 caliber handgun and five bullets. Acting on an anonymous tip, the school authorities confronted Alfonzo, who readily admitted to having the weapon. He was arrested and charged under Texas law with firearm possession on school property. The next day the state charges were dropped and federal agents charged Alfonzo with federal charges of violating the Gun-Free School Zones Act of 1990. The question that was brought before the courts: Is the Gun-Free School Zones Act of 1990, 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? (The Oyez Project, 2010). One of the most important sections of Article I is section 8. It carefully lists the powers the Framers wished the new Congress to possess. These specified or enumerated powers contain many key provisions that had been denied to the Continental Congress under the Articles of Confederation. For example, one of the major weaknesses of the Articles was Congress’s lack of authority to deal with trade wars. The Constitution remedied this problem by authorizing Congress to “regulate Commerce with foreign Nations, and among the several States.” Congress was also
References: Cornell University Law School, United States v. Lopez (93-1260), 514 U.S. 549 (1995) Retrieved from http://www.law.cornell.edu/supct/html/93-1260.ZO.html on March 28, 2010. FindLaw® for Legal Professionals, UNITED STATES v. LOPEZ, ___ U.S. ___ (1995), Retrieved from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=U10287, on March 28, 2010. O 'Connor, K & Sabato, L.J. (2008). American Government: Continuity and Change, 9th Edition. Pearson Custom Publishing 7.5.2.1. The Oyez Project, United States v. Lopez , 514 U.S. 549 (1995) available at: (http://oyez.org/cases/1990-1999/1994/1994_93_1260) (last visited Sunday, March 28, 2010).