UNITED STATES VS. LOPEZ

CONTEXT

• High school senior Alfonzo Lopez brought a gun to school under his concealed carry permit.
• The school confronted him and charged him with violating the Federal Gun free school zones act of 1990.

FACTS

• Lopez was charged with violating the federal Gun Free School Zone Act of 1990.
• Lopez motioned to dismiss the case on the grounds that the act violated his First amendment rights.
• Lopez claimed It is beyond the power of congress to legislate over the public schools.

Untitled Slide

• Does congress have the power to regulate what people do in the public schools?

Untitled Slide

• Lopez was tried and convicted
• He appealed to the fifth circuit of the court
• The court ruled in his favor saying that congress did not have the power of commerce in this situation.
• The vote was five to four.

COURT JUSTIFICATION

• The court found the arguments agains Lopez a slippery slope
• If they ruled against Lopez they would give the federal government the power to control anything that affected the country economically.
• Every action of the people that could effect the economy was under fire.

MAJORITY OPINIONS

• Government interference in school was in no way related to congress's power over commerce

MINORITY OPINION

• The government should be able to regulate safety under the commerce law.
• Because safety in schools affects education which plays a major role in commerce.