United States v Lopez

Background (United States v Lopez)

- Alfonso Lopez was a 12th grade high school student in San Antonio, Texas - Lopez knowingly brought a concealed weapon onto school campus - Charged under state law for possession of a firearm on school campus. Charges were dropped the next day and federal agents charged Lopez with violating federal crime (Gun-Free School Zones Act of 1990: forbids individuals from knowingly bringing a gun within 1000 feet of the school)

Law, amendment, or Constitutional Text in question (United States v Lopez)

- Amendment 10 - Necessary and Proper - Limited Government - General Welfare Clause (Congress must take care of the citizens; prevent guns = take care) - Violation of Separation of Powers - Brandy Handgun Violence Prevention Act

Case Implications (United States v Lopez)

- Commerce Clause does not work because regulating the use of guns was not a economic activity

Related Cases (United States v Lopez)

- Gibbons v Ogden - Wickard v Filburn - Heart of Atlanta Motel v United States

Majority Opinion Claims (United States v Lopez)

- States have the right to maintain schools. It was not Congress' right to pass the gun free school zone act - Congress said interstate commerce would be affected if people brought guns to school; however, Supreme Court said it would not.

Majority Opinion Author (United States v Lopez)

William H. Rehnquist