United States v. Lopez
Facts of the Case
Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. The act forbids "any individual knowingly to possess a firearm at a place that [he] knows...is a school zone." Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release.
Constitutional Question:
Does Congress have the authority under the commerce clause outlaw guns near schools?
Decision:
No, for Lopez, 5-4
Reasoning
McCulloch v. Maryland established the supremacy of the fed gov’t and the usage of the necessary and proper clause.
HOWEVER, Guns near schools have no impact on interstate commerce and is not covered by the commerce clause.
Legacy
The Commerce clause has limits.
Congress changed the Guns-Free School Act to make it conform to interstate commerce.
Congress has passed laws to withhold funding if schools do not comply.
How can this affect the conversation told about arming school teachers?
Alfonzo Lopez, a 12th grade high school student, carried a concealed weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises. The next day, the state charges were dismissed after federal agents charged Lopez with violating a federal criminal statute, the Gun-Free School Zones Act of 1990. The act forbids "any individual knowingly to possess a firearm at a place that [he] knows...is a school zone." Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release.
Constitutional Question:
Does Congress have the authority under the commerce clause outlaw guns near schools?
Decision:
No, for Lopez, 5-4
Reasoning
McCulloch v. Maryland established the supremacy of the fed gov’t and the usage of the necessary and proper clause.
HOWEVER, Guns near schools have no impact on interstate commerce and is not covered by the commerce clause.
Legacy
The Commerce clause has limits.
Congress changed the Guns-Free School Act to make it conform to interstate commerce.
Congress has passed laws to withhold funding if schools do not comply.
How can this affect the conversation told about arming school teachers?