United States v Lopez (copy)

Background

In Texas, a high school senior (Lopez) decided to carry a gun with bullets to school. Under state law, he was arrested because guns were prohibited on school property. The state charges were dropped and replaced with federal charges

Debate:

Is gun law a state issue or federal issue?

Why was there a federal law associated with guns?

It was granted to Congress in the Commerce Clause

Commerce Clause

To regulate commerce with foreign nations and among the several states, and with the Indian Tribes. Congress has the authority to establish a free trade zone in the States

Arguments

1. USA: Guns in school is relayed to interstate commerce because guns lead to gun violence which would lead to less travel in those states which would negatively affect commerce

2. LOPEZ: Gun regulation on school property is a power reserved for the states. USA argument is a REACH

Decision:

Sided with LOPEZ because if everything were to interpreted with the Commerce Clause, what cant the federal gov regulate