Friday, October 4, 2019
Review the United States v. Lopez case, and write a case brief Study
Review the United States v. Lopez , and write a brief - Case Study Example Later on, Lopez was arrested and charged for possessing a gun in a school. Issue Ã¢â¬â The impact of the 1990 Gun-Free School Zones Act, which forbids individuals from knowingly carrying a gun in a school zone, on the Commerce Clause. Is the Act unconstitutional? Does the Congress exceed its power to legislate under the Commerce Clause? Holding Ã¢â¬â Yes, the Congress is exceeding its power. Caring a gun in a school is an offence under criminal law, and does not interfere interstate commerce or any other economic activity. LopezÃ¢â¬â¢s conviction has been reversed by the Court of Appeal, and affirmed by the United States Supreme Court. Rationale Ã¢â¬â The Court found that there was no obvious and direct connection between the act of possessing a gun in a school and commerce as an economic activity. The court found no connection between 18 U.S.C. Ã § 922(q) and the Commerce Clause, which does have limits.