26 abr 1995 ano - United States v. Lopez

Descrição:

Alfonzo Lopez, a senior high school student, carried a concealed weapon into a high school in San Antonio, Texas. He was charged under Texas law but then federal agents charged Lopez with violating a federal criminal statute (the Gun-Free School Zones Act of 1990). This prohibits anyone from knowingly carrying a concealed weapon onto school property. Lopez was imprisoned for six months and had two years of supervised release. The question arose in this case was whether the Gun-Free School Zones Act was unconstitutional because it exceeds Congress' power to legislate under the Commerce Clause. The court ruled yes, saying that the law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity. This case was an increase in state power because the federal government did not have the power over it because it did not fall under the Commerce Clause.