United states v lopez

1. United States v. Lopez

2. Background On March 10 th , 1992, a 12 th grade carried a concealed weapon with 5 bullets to School. School authorities confronted the student about the weapon and he was later arrested and charged under Texas law with firearm possession on school grounds. The next day were dropped because the student complained against the Gun Free School Zone Act (1990). This Court Case was addressed by the Supreme Court in 1995

3. Where is It in the Constitution In Article I, Section 8, part 3 you will find the Commerce Clause. This Clause gives Congress the power “To regulate Commerce with foreign Nations, and among the several Sates, and with the Indian Tribes.”

4. What Did this Case Resolve? This Court addressed the question of who had the power to regulate interstate and intrastate commerce. In a 5:4 vote the Court ruled that Congress had exceeded it’s powers under the Commerce Clause. The Court also ruled that the law is a criminal statute that has nothing to do with commerce or any type of economic activity.

5. How Does this Case affect you? This Case prevents the federal government from coming in and charging you with selling an item without tax. Keep in mind that federal charges are much harsher than state charges.