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
However, despite the federal gun law prohibitions of having guns in school campuses, there are still cases of mass shootings in schools. One case happened back in 2005 in Minnesota where a 16-year old Red Lake High School student shot five students, a teacher, a security guard and five more individuals before finally shooting himself. Before the shooting, it is reported that the boy used his grandfather’s gun who served at the Red Lake police force for 35 years. This gun is what he also used to shoot his grandparents
Prior to this case there were two forms of gun control acts the first was that of 1968 which forbids gun sells to sell guns to people that have a felony charge that are mentally unstable and other things this was amended with the Brady Handgun Violence Prevention Act which included the need to have a background check. While working to make a system that could make the check fast it had to be done by state law enforcement. People however started to claim that this act was unconstitutional and it violated their rights given to them under the Constitution. The Petitioners filed separate actions challenging the constitutionality of the Brady Act’s interim provisions and in each case the District
V. United States, unanimously ruled the NRA unconstitutional. In fact, 11 out of 16 of the
On March 10, 1992 Alfonzo Lopez Jr., who was then a 12th-grade student (senior), arrived at Edison high School in San Antonio, Texas, carrying on his person a concealed .38
The controversy over assault rifles is one of the most problematic issues related to the contributions of gangs, drug traffickers, and most criminal activity. More often than not, criminals have access to the weapons of their choice more easily than it should be. Getting them from licensed dealers, black markets, and family members’ homes, the availability of these militia weapons has become to effortless to obtain. The rise of criminal activity is part of the reason more than one-third of high school students have easy access to a weapon or gun. “Four out of five guns brought to school are actually brought from their own homes” (Page par 2). This is one of the biggest problems when faced with where criminals get their
On August 2, 1990, 2:00 am the victim Yanira Correa was walking with a group of her friends on 164th street and River Avenue in the Bronx. The defendant Julio Fernandez went up to Miss Correa, and asked her to go back to the park and talk to his brother, she refused to go back. Fernandez than began to fire a handgun in the air, a boy from Correa’s friend group said to Fernandez “ why don’t you shoot at us?” He fired a couple of shots towards the group before going back to the park. About 15 minutes later the group reached Grand Concourse and 164th, Fernandez showed up in a cab, he got out of the car with a gun in his hand. He fired three shots directly at the group, hitting Correa in the chest. He was spotted shortly getting rid of a dark blunt object from his pants and putting it in the trashcan. After showing up at the scene police recovered a 9-millimeter automatic weapon from the garbage can. Fernandez was arrested in the park and charged with attempted murder in the second degree and reckless endangerment in the first degree, also criminal possession of a weapon. The prosecution
The case of U.S. v. Lopez (1995) was the case of a young man in 12th grade named Alfonso Lopez Jr. who brought a loaded gun to school and was arrested and charged under Texas law. The state charges were later dismissed and federal agents charged him because he violated the Gun Free School Zone Act of 1990. This acts states that it is unlawful for people to bring firearms to a place that "the individual knows, or has a reasonable cause to believe, is a school zone." He was charged by federal agents because he violated a federal criminal law, however this was also dismissed because it was unconstitutional. This was the big issue surrounding this case. The act was unconstitutional because the Supreme Court said congress went above its constitutional
Furthermore the case was updated to to the supreme court where the last decision of the fifth circuit was taken into consideration stating that the congress went beyond it powers and violated its limit under the areas of the school district. Therefore did not apply to the areas of Alfonso's Case. supreme court also claimed that gun violence in schools is dangerous and could lead to other violences and other unsafe incidents.therefore the commerce clause should be practiced as stated by the supreme court. 1995 it was it came to the decision of Alfonso's
Because of this case, the Supreme Court has established their abilities to review or investigate into the other two branches when determining if certain actions or laws are constitutional. This is one of the first cases where the system of “checks and balances” has come into play, which has helped set the rulings for all of the cases after this when regarding other
Imagine your child was nearing high school graduation with their whole life ahead of them. Next year, they will be going to college and you will see them bloom into the wonderful person you know they are. Now imagine the horror of hearing that your child had been shot and killed while they were at school. It is difficult to fathom the enormous amount of grief and anger that would flood the body of a person in a situation like this. No one should have to endure such pain. Now imagine how much this pain would be intensified if there was a possibility that the whole incident could have been prevented.
Lopez (1995) ruling that possession of firearms are prohibited in school zones. Lopez was charged under this Act for bringing a loaded handgun to the school. Another interstate activity is the ruling in the National Federation of Independent Business v Sebelius. The U.S. Supreme Courts listen to oral arguments on the Affordable Care Act.
Six years later in Pearl, Mississippi, Assistant Principal Joel Myrick was walking to his office when he heard the distinct sounds of gunfire in his school. His instincts were to grab his sidearm. However, federal laws banned him from carrying it on school property (Laugesen, 2007). He watched as the gunman leveled his rifle at students and pulled the trigger. As soon as the gunman heard the sounds of approaching emergency responders, he proceeded with his plan by attempting to flee the high school and make his way to the nearby middle school. While police were dealing with the situation at the high school, he would have the freedom to inflict more deaths (Laugesen, 1999). However, in a heroic act, Myrick had run to his truck to retrieve his handgun, hoping he would not have to use it on a student. As the gunman was fleeing in his mother’s car, Myrick leveled his gun at the shooter and caused him to lose control of the vehicle (Laugesen, 1999). In the heat and adrenaline rush of the moment, a properly trained person was able to save untold lives that day at the middle school and possibly other locations. While he was waiting for law enforcement to arrive, emotions could have justified him pulling the trigger, but his training and moral compass
The case of United States v. Lopez begins with Congress passing the Guns-Free School Zone Act under the Commerce Clause. Alfonso Lopez
So Justice Marshall threw the middle road: the issue would not be solved because the Supreme Court had no jurisdiction to do so; Section 13 of the Judiciary Act was considered void as unconstitutional, to expand the powers of the Supreme Court beyond the provisions of the federal Constitution. The reasoning behind these decisions rested to go down in
As I further develop my research plan, I reach to point where data comes into play. The data I will be collecting has to do with whether people would be ok with guns being allowed in schools. Due to the tragic school shooting that happened at the Parkland’s Douglas High School, I expect most people to want the banning of guns in general. My hypothesis is that a majority of people would be against the idea of guns within school grounds. Regardless, there is still data waiting to be collected. The population that I will be focusing on are the people that work and go college. According to Michael G. Maxfield, “It is often not possible to collect information from all persons or other units we wish to study. We may wish to know what proportion of