US v Lopez Flashcards
Facts of case
A 12 grade student, Alfonso Lopez Jr was convicted of possessing a gun at school in Texas. He appealed his conviction and argued that congress didn’t have the authority to pass the GPSZA. The US government asked the supreme court to read his case again and agreed. Lopez argued that possession of a gun near or at school isn’t a form of commerce and doesn’t involve more than one state
Holdings and rationale
The court decided to rule in favor of Lopez. He was guilty. The court rejected the government’s argument. They believe that crime negativity affects their education and crimes in schools affect commerce. Any activity that’s commerce directly contradicts the principle of limited gov and explicit powers.
Keywords
In 995, congress exceeded its power under the Commerce Clause when it made possession of a gun in a school zone a federal crime.