The following was submitted as a response to an essay question on my POLS210 final exam…
Choose one of the Supreme Court cases presented in Lesson 5. Please describe the basic facts of this case, why this decision was important, and how it changed or impacted Americans. You are encouraged to use external sources (outside the Lecture Notes) to aid in presenting facts and opinions on the case. Prepare a fully developed essay and cite sources used to obtain full credit.
United States vs. Lopez was a case brought before the Supreme Court, where a challenge was made to the Gun-Free School Zones Act of 1990. Alfonso Lopez, Jr. of San Antonio, Texas, had intentionally brought a .38 caliber weapon and five cartridges to Edison High School. Lopez was dismissed from school and charged under Texas law for possession of a firearm on school premises. The following day, however, these original state charges were dismissed in favor of federal charges under the Gun-Free School Zones Act. Lopez was found guilty and convicted in District Court. Lopez appealed to The Court of Appeals for the Fifth Circuit, claiming that the Act was unconstitutional as the law did not meet any of the requirements of Congress’ power under the Commerce Clause. The Court of Appeals agreed and reversed the District Court’s decision. The case was then brought before the Supreme Court. (United States vs. Lopez, 1995)
After review of the case, the Court agreed with the Court of Appeals in that at no point was it clearly stated how possession of a firearm on school property would have an effect on interstate commerce. Following this ruling the Act was revised do that federal charges could still be brought on the same basic premise—the revision made the act now read that:
It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone. (18 USC 922, 2010)
This revision has enabled the Act to work as it was originally intended, by imposing federal charges against any person—other than law enforcement—who brings a weapon onto school property. Additionally, since the revision, there has yet to be a case where the Act has not been upheld in court. The Act, however, now brings into question whether Congress can attach a similar stipulation for any item that has been handled through or could have an effect on commerce in order to regulate it.
United States v. Lopez. 514 U.S. 549. U.S. Supreme Court. 1995. Retrieved 26 Oct 2011, from: http://www.law.cornell.edu/supct/html/93-1260.ZO.html
18 U.S.C. § 922(q)(2)(A). 2010. Retrieved 26 Oct 2011, from: http://www.law.cornell.edu/uscode/usc_sec_18_00000922—-000-.html
