The United States v Lopez (1995)

Why did 18 year old Alfonso Lopez become arrested in San Antonio, Texas?

Lopez carried a 38 caliber pistol, along with bullets, to school. He was arrested because under TX law it was forbidden to carry a gun onto school property.

Why were Lopez’s charges dropped and replaced with federal ones?

The Gun Free School Zone act of 1990 prohibited guns on school property.

What was the Constitutional Principle at stake?

U.S v Lopez isn’t a case about the Second Amendment.

Where in the Constitution does it say that Federal Congress has any authority to pass legislation about guns?

It doesn’t. Guns are a state issue.

How did Congress pass a federal law prohibiting guns on school property?

They did it based on the authority granted to congress in the commerce clause (Article 1 section 8).

What does the Commerce clause say?

Congress has the authority to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

What were the arguments of this case?

Lawyers for the United States argued that guns in school are related to interstate commerce because guns in school lead to gun violence, which means people are less likely to travel through which will negatively affect commerce. They also described how GV lessens education and negatively affects commerce.

Lopez argued that gun regulation on school property is a power specifically reserved for the states, and the connection between the commerce clause and G.V is weak at best, tyrannical federal overreach at worst. This means that Congress had no business passing this law in the first place.

What was the decision of this case?

The Supreme Court sided with Lopez in a 5-4 decision.

Why does this case matter?

Federalism - it this case tipped the power towards the states, which was the opposite of Mc.Cuolloch v Maryland.