SCOTUS: United States v. Lopez (1995)

Facts

• 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
• Power is tipped in the state’s favor this time