A high school senior in Texas brought a gun and bullets to school
Administration received a tip and Lopez was arrested because it was illegal in Texas to bring guns onto school grounds
Charges were dropped the next day
A federal law (Gun Free Schools Act 1990) was also in place so state charges were dropped and federal charges brought against him
He was sentenced 6 months
Constitutional Principle
NOT second amendment related
Gun legislation is a state issue and Congress could pass gun legislation with %%commerce clause power%%
Arguments
For US:
Guns in schools are related to commerce because guns in schools lead to violence leading to less tourism for those areas and negative commerce in these areas
Learning enfournements also deteriorate and less educated citizenry is produced and commerce is once again hurt
For Lopez:
Gun regulation on school property is a power specifically reserved to states
Connection between commerce clause and gun violence is weak and is tyrannical overreach
Decision
5-4 for Lopez
If Congress can use the commerce clause to regulate guns on school property, how far is the limit?
Why It Matters
It’s a federalism case debating lines between state and federal power