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Legalizing The Gun Free School Zones Act Of 1990

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In 1995, a case went to the United States Supreme Court on the constitutionalism of an act passed by the United States Congress under the Commerce Clause. The respondent, Alfonso Lopez, Jr. had appealed his case up from his district court in San Antonio all the way to the Supreme Court. The process took almost three whole years. Lopez had been charged with violating the Gun-Free School Zones Act of 1990 that was passed by Congress through the Commerce Clause. Lopez’s lawyer argued that the Congress did not have any constitutional power through its Commerce Clause to pass the Gun-Free Schools Zones Act in 1990. The case was viewed and decided by nine Supreme Court justices. In the Supreme Court case, United States v. Lopez (1995), the Supreme Court justices held that Congress’s control over and through the Gun-Free School Zones Act of 1990 was unconstitutional. Their votes were 5 to 4. This was the first Supreme Court decision in over half a decade to limit the power of Congress. On March tenth of 1992, Alfonso Lopez, Jr., an eighteen year-old high school senior, walked onto the Edison High School campus of San Antonio. To many it seemed like an ordinary day. Almost everything appeared normal; however, Alfonso Lopez, Jr. was carrying an unloaded .38 caliber revolver and five cartridges of bullets in his pockets and backpack. An anonymous agent tipped off the school authorities that Alfonso Lopez may have been in the possession of a weapon, and would be transporting it that

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