Maryland v. Wirtz, 392 U.S. 183 (1968). . ' . In that case, Lopez–Reyes pled guilty to illegal reentry after previously being convicted of a crime of violence. 93-1260 Argued: November 8, 1994 Decided: April 26, 1995. 43). Following the Lopez decision, Congress rewrote the Gun Free School Zones Act of 1990 in June 1995 with the necessary interstate-commerce "hook" used in other Federal Gun Laws. US v. Lopez (1995… MAIN OPINION What was the decision? p. xx. MEMORANDUM AND ORDER. Appreciation to Ken Farshtey of Southwestern Academy in Arizona, whose pdf became the root inspiration for the organization which follows. In March 1992, he arrived at school carrying a .38 caliber gun which was loaded with bullets. [4] School authorities received an anonymous tip that Lopez was carrying the weapon, to which Lopez admitted when confronted. We addressed a similar argument in United States v. Lopez–Reyes, 589 F.3d 667 (3d Cir.2009). United States v. Lopez was a court case that involved a high school senior Alfonso Lopez jr in San Antonio Texas. Though it did not reverse any past ruling about the meaning of the Commerce Clause, Lopez raised serious questions as to how far the Court might be willing to go in curbing Congress' powers under the Commerce Clause. After the Lopez decision, the Gun-Free School Zones Act of 1990 was amended to specifically only apply to guns that had been moved via interstate or foreign commerce.[1][2][3]. Kohl, Herb. He admitted that the Supreme Court had upheld certain governmental steps towards taking power away from the states, and cited Lopez as a decision that finally stepped in to check the government's authority by defining clearly between state and federal powers. Lori J. Warner, The Potential Impact of United States v. Lopez on Environmental Regulation, 7 Duke Environmental Law & Policy Forum 321-365, 323 (Spring 1997). He was charged under Texas law with firearm possession on school premises. The Court specifically looked to four factors in determining whether legislation represents a valid effort to use the Commerce Clause power to regulate activities that substantially affect interstate commerce: Although the ruling stopped a decades-long trend of inclusiveness under the commerce clause, it did not reverse any past ruling about the meaning of the clause. A court must specifically determine not whether the regulated activity significantly affected interstate commerce, but whether Congress could have had a ", This page was last edited on 29 April 2021, at 23:20. In that case, Lopez–Reyes pled guilty to illegal reentry after previously being convicted of a crime of violence. Case: 17-50806 Document: 00515759100 Page: 1 Date Filed: 02/26/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 26, 2021 No. McCulloch v. Maryland . "Congress could also have found ... that gun related violence in and around schools is a commercial, as well as a human, problem." The next day, he was charged with violating the federal[5] Gun-Free School Zones Act of 1990 (the "Act"), 18 U.S.C. 2d 626, 1995 U.S. Brief Fact Summary. United States v. Lopez UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION (Apr 3, 2019) Apr 3, 2019 85-2067. The Court essentially concluded that in no way was the carrying of handguns a commercial activity or even related to any sort of economic enterprise, even under the most extravagant definitions.[17]. Questions about the required Supreme Court cases will also appear on the multiple choice section of the exam. p. xx. . In a 5–4 decision, the Supreme Court affirmed the decision of the Court of Appeals. "Keep Schools Gun Free." J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc. Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Merck KGaA v. Integra Lifesciences I, Ltd. Illinois Tool Works Inc. v. Independent Ink, Inc. Quanta Computer, Inc. v. LG Electronics, Inc. Stanford University v. Roche Molecular Systems, Inc. Mayo Collaborative Services v. Prometheus Laboratories, Inc. Association for Molecular Pathology v. Myriad Genetics, Inc. Akamai Techs., Inc. v. Limelight Networks, Inc. Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. TC Heartland LLC v. Kraft Foods Group Brands LLC. cripples Congress's power to fight violence in our schools and raises questions about the federal government's ability to protect its citizens.". [1] This includes an added requirement for prosecutors to prove during each prosecution case that the gun moved in or affected interstate or foreign commerce. If any law falls outside the limits of Congress's power to `regulate Commerce . Alfonso Lopez, Jr., was a 12th-grade student at Edison High School in San Antonio, Texas. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. "[8], Lopez was tried and convicted. United States v. Mejia-Pimental, 477 F.3d 1100, 1109 (9th Cir. As noted below, Justice Souter and Justice Stevens each wrote an additional individual dissent. 2018); see id. L. A. Westermann Co. v. Dispatch Printing Co. Miller Music Corp. v. Charles N. Daniels, Inc. Pub. 1995 United States v Lopez ... What follows is a listing of cases (required cases in bold) by similar topics, to assist students in making connections. Schechter Poultry Corp. v. United States. Katzenbach v. McClung, 379 U.S. 294 (1964). Constitutional interpretations of federalism: lesson overview. . What was the majority opinion? Argued March 3, 1987. [29] The decision sparked a lot of commentary focused on federalism. Read the excerpt from the ruling … Justices Stevens, Souter and Ginsburg joined the Breyer dissent in this 5-4 decision. The [enactment of the] legislation implies such a finding, and there is no reason to entertain claims that Congress acted. Rehnquist, joined by O'Connor, Scalia, Kennedy, Thomas, Breyer, joined by Stevens, Souter, Ginsburg, Whether the activity was non-economic as opposed to economic activity; previous cases involved economic activity, Jurisdictional element: whether the gun had moved in interstate commerce, Whether there had been congressional findings of an economic link between guns and education, How attenuated the link was between the regulated activity and interstate commerce. In his opinion, no more than this was required to find sufficient supporting power for the challenged law under the Commerce Clause, and he consequently believed that the Court of Appeals had erred and should be reversed. The United States v. Lopez took place on November 8th, 1994. … MAIN OPINION What was the decision? Chief Justice Rehnquist, delivering the opinion of the Court, identified the three broad categories of activity that Congress could regulate under the Commerce Clause: He said they had summarily dismissed any consideration of the first two categories and concluded that the resolution of the case depended only on consideration of the third category—regulation of activities that substantially affect interstate commerce. McCulloch v. Maryland (1819) United States v. Lopez. The NAACP had filed similar cases in three other states, so the Supreme Court took all of these cases at once, and together they were called the Brown v. Board of Education. A 12th grade student (Lopez) was convicted of violating the Act when he brought a handgun to his […] (1962) Does the recitation of … [20] He applied three principles that he considered basic: With these principles in mind, Justice Breyer asked if Congress could have rationally found that the adverse effect of violent crime in school zones, acting through the intermediary effect of degrading the quality of education, could significantly affect interstate commerce. What is the background? McGoldrick v. Berwind-White Coal Mining Co. United States v. South-Eastern Underwriters Ass'n, Heart of Atlanta Motel, Inc. v. United States, Garcia v. San Antonio Metropolitan Transit Authority, Tennessee Wine and Spirits Retailers Assn. Citation514 U.S. 549, 115 S. Ct. 1624, 131 L. Ed. In his dissent, Justice Souter warned that the distinction between "commercial" and "non-commercial" activity was not tenable. Everson v. Board of Education, 330 U.S. 1 (1947)Providing bus rides to parochial school students is constitutional. After respondent, then a 12th-grade student, carried a concealed handgun into his high school, he was charged with violating the Gun-Free School Zones Act of 1990, which forbids "any individual knowingly to possess a firearm at a place that [he] knows . See McNally v. United States, 483 U.S. 350 (1987)(superseded by statute on other grounds in Skilling v. United States, 561 U.S. 358 (2010)(" the rule of lenity applies where a criminal statute is vague enough to deem both the defendant's and the government's interpretations of it as reasonable.") 1995 United States v Lopez ... What follows is a listing of cases (required cases in bold) by similar topics, to assist students in making connections. Terms of Use, Law Library - American Law and Legal Information, Notable Trials and Court Cases - 1995 to Present, United States v. Lopez - Significance, Court Of Appeals Ruling, Supreme Court Ruling, Implications, Related Cases, Further Readings. New Republic, 22 May 1995. In considering the question, a court must consider not the individual act being regulated (a single instance of gun possession), but rather the cumulative effect of all similar acts (i.e., the effect of all guns possessed in or near schools). After Alfonso Lopez brought an unloaded pistol to school in March of 1992 he was arrested and charged with violation of the Gun-Free School Zones Act of 1990. The 5-4 divided decision preserved the system of federalism and reversed the Supreme Court’s 50-year trend of rulings that expanded the powers of Congress. Seed Co. v. Kalo Inoculant Co. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp. Graver Tank & Manufacturing Co. v. Linde Air Products Co. Aro Manufacturing Co. v. Convertible Top Replacement Co. Walker Process Equipment, Inc. v. Food Machinery & Chemical Corp. Anderson's-Black Rock, Inc. v. Pavement Salvage Co. Zenith Radio Corp. v. Hazeltine Research, Inc. Bonito Boats, Inc. v. Thunder Craft Boats, Inc. Warner-Jenkinson Co. v. Hilton Davis Chemical Co. Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank. The broad language in these opinions has suggested the possibility of additional expansion, but we decline here to proceed any further. Title 8 U.S.C. United States v. Mendoza-Lopez, 481 U.S. 828 (1987) United States v. Mendoza-Lopez. In it, Thomas describes the importance of maintaining the traditional sense of the word "commerce" as it appears in the Constitution: "...interjecting a modern sense of commerce into the Constitution generates significant textual and structural problems. When the school officials found out about this the gun was confiscated and he was arrested. United States v. Lopez-Cotto, 884 F.3d 1, 8 (1st Cir. The Court today properly concludes that the Commerce Clause does not grant Congress the authority to prohibit gun possession within 1,000 feet of a school, as it attempted to do in the Gun Free School Zones Act of … Lopez brought a .38 caliber revolver to Edison high school in San Antonio Texas (right) along with five cartridges in order to deliver it to a fellow student for $40.00. Who wrote it? "[10] The Court of Appeals noted that the legislative history of the Act did not justify it as an exercise of the Commerce Clause power of Congress, suggesting that a new version of the Act which recited more of a nexus with interstate commerce might be devised, although what that nexus might be, is difficult to harmonize with the text of the decision, as the Court clearly stated that the situation posed only a "trivial impact" upon commerce.[11]. ... United States v. Lopez. [6], Lopez moved to dismiss the indictment on the ground that §922(q) of the Act was "unconstitutional as it is beyond the power of Congress to legislate control over our public schools. G. & C. Merriam Co. v. Syndicate Pub. US v. Lopez (1995) This is the currently selected item. Lee, Joshua L. (2006) "Note: Federal Wetland Jurisdiction and the Power To Regulate Commerce: Searching for the Nexus in Gerke Excavating", Learn how and when to remove these template messages, Learn how and when to remove this template message, Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, List of United States Supreme Court cases, volume 514, List of United States Supreme Court cases, Lists of United States Supreme Court cases by volume, List of United States Supreme Court cases by the Rehnquist Court, "S.890 - Gun-Free School Zones Act of 1995", https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1097&context=dlj, https://www.govinfo.gov/content/pkg/CDOC-104hdoc72/pdf/CDOC-104hdoc72.pdf, "United States v. Lopez, 514 U.S. 549 (1995)", "Translating Federalism: United States v Lopez", http://wise.fau.edu/~tunick/courses/conlaw/gunlaw.html, Case Brief for United States v. Lopez at Lawnix.com, Arizona State Legislature v. Arizona Independent Redistricting Commission, Immigration and Naturalization Service v. Chadha, National Federation of Independent Business v. Sebelius, Wabash, St. Louis & Pacific Railway Co. v. Illinois, Hunt v. Washington State Apple Advertising Commission, South-Central Timber Development, Inc. v. Wunnicke, Oregon Waste Systems, Inc. v. Department of Environmental Quality of Oregon, United Haulers Ass'n v. Oneida-Herkimer Solid Waste Management Authority, Department of Revenue of Kentucky v. Davis, Comptroller of the Treasury of Maryland v. Wynne, Houston East & West Texas Railway Co. v. United States, Board of Trade of City of Chicago v. Olsen, A.L.A. William H. Rehnquist, Chief Justice of the Supreme Court of the United States. Around the time Antonio Morrison was first charged in Federal District Court, the Supreme Court decided the landmark case of U.S. v. Lopez. Following is the case brief for United States v. Lopez, 132 S. Ct. 945 (2012). that the section regulated a matter which "affected" (or "substantially affected")[13] interstate commerce.[14]. "Congress could have [rationally] found that gun related violence near the classroom poses a serious economic threat to [both] ... inadequately educated workers [destined for] ... low paying jobs ... and to ... businesses that might (in today's 'information society') otherwise gain ... an important commercial advantage."p. The Defendant also filed an Application to Proceed without Prepaying of Fees and Costs (Filing No. comparing Gonzales v. Raich as compared to in U.S. v. Lopez. Initially Lopez was charged with the state law crime of possession of a firearm on school premises, but these charges were dismissed in favor of the federal charges. It held that while Congress had broad lawmaking authority under the Commerce Clause, the power was limited, and did not extend so far from "commerce" as to authorize the regulation of the carrying of handguns, of aggregate effect. In March 1992, he arrived at school carrying a .38 caliber gun which was loaded with bullets. the Gun Free School Zones Act is it." [23] He also observed that US firms make location decisions, in part, on the presence or absence of an educated work force. When the school officials found out about this the gun was confiscated and he was arrested. Hollister v. Benedict & Burnham Manufacturing Co. General Talking Pictures Corp. v. Western Electric Co. City of Elizabeth v. American Nicholson Pavement Co. Consolidated Safety-Valve Co. v. Crosby Steam Gauge & Valve Co. United Dictionary Co. v. G. & C. Merriam Co. White-Smith Music Publishing Co. v. Apollo Co. Straus v. American Publishers Association, Interstate Circuit, Inc. v. United States, Fashion Originators' Guild of America v. FTC. ", The Court of Appeals noted how broadly the challenged section of the Act swept by its terms: "[It would] criminalize any person's carrying of an unloaded shotgun, in an unlocked pickup truck gun rack, while driving on a country road that at one turn happens to come within 950 feet of the boundary of... a church kindergarten... even during the summer when the kindergarten is not in session. Constitutional interpretations of federalism: lesson overview. The Gun-Free School Zones Act (the Act) of 1990 made possessing a gun within a school zone a federal offense. 17-50806 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Israel Lopez, Jr., Defendant—Appellant. Fortnightly Corp. v. United Artists Television, Inc. Teleprompter Corp. v. Columbia Broadcasting. What law, amendment, and/or constitutional text is in dispute? xx, The question ... is not... whether Congress in fact found that a particular activity substantially affects interstate commerce. The Court would later further limit congressional powers under the Commerce Clause in United States v. Morrison (2000). Congress, in Justice Breyer's view, had a rational basis "for finding a significant connection between guns in or near schools and (through their effect on education) the interstate and foreign commerce they threaten." He also agreed with Justice Souter's "exposition of the radical character of the Court's holding and its kinship with the discredited, pre-Depression version of substantive due process. Justice Breyer authored the principal dissenting opinion. Around the time Antonio Morrison was first charged in Federal District Court, the Supreme Court decided the landmark case of U.S. v. Lopez. At issue in Lopez was a law in which Congress made it illegal to carry a firearm within a certain radius of a school building. Based on the existence of empirical studies, he answered this question affirmatively. Don't forget to include relevant rulings, legislation, and events. . UNITED STATES v. LOPEZ(1995) No. is a … Continental Paper Bag Co. v. Eastern Paper Bag Co. Sinclair & Carroll Co. v. Interchemical Corp. Funk Bros. When Congress criminalizes conduct already denounced as criminal by the States, it effects a change in the sensitive relation between federal and state criminal jurisdiction." McCulloch v. Maryland . Syllabus. This matter is before the Court on the Motion Under 28 U.S.C. Finally, Congress' commerce authority includes the power to regulate those activities having a substantial relation to interstate commerce, i.e., those activities that substantially affect interstate commerce.". Feist Publications, Inc., v. Rural Telephone Service Co. Quality King Distributors Inc., v. L'anza Research International Inc. Feltner v. Columbia Pictures Television, Inc. American Broadcasting Cos., Inc. v. Aereo, Inc. Star Athletica, LLC v. Varsity Brands, Inc. Fourth Estate Public Benefit Corp. v. Wall-Street.com, Order of St. Benedict of New Jersey v. Steinhauser, International News Service v. Associated Press. What law, amendment, and/or constitutional text is in dispute? The NAACP had filed similar cases in three other states, so the Supreme Court took all of these cases at once, and together they were called the Brown v. Board of Education. The Fifth Circuit Court of Appeals reversed the conviction, finding that the federal law was unconstitutional. To do so would require us to conclude that the Constitution's enumeration of powers does not presuppose something not enumerated, and that there never will be a distinction between what is truly national and what is truly local. "The Lopez decision is good news for liberal constitutionalists," wrote the New Republic's Jeffrey Rosen, who criticized "The mindless impulse to federalize crimes that the states are prosecuting perfectly well on their own . At issue in Lopez was a law in which Congress made it illegal to carry a firearm within a certain radius of a school building. Admittedly, some of our prior cases have taken long steps down that road, giving great deference to congressional action. It was the first case since 1937 in which the Court held that Congress had exceeded its power to legislate under the Commerce Clause. Case: 17-50806 Document: 00515759100 Page: 1 Date Filed: 02/26/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED February 26, 2021 No. Syllabus. UNITED STATES v. LOPEZ(1995) No. p. xxy. Meanwhile, the passage of the Violent Crime Control and Law Enforcement Act of 1994 gave pundits much more to debate with regard to the federal government's attempts to fight crime at the state and local level. Congress justified this … Cooper Industries, Inc. v. Leatherman Tool Group, Inc. TrafFix Devices, Inc. v. Marketing Displays, Inc. Dastar Corp. v. Twentieth Century Fox Film Corp. Lexmark International, Inc. v. Static Control Components, Inc. Zacchini v. Scripps-Howard Broadcasting Co. Sony Corp. of America v. Universal City Studios, Inc. Community for Creative Non-Violence v. Reid. What is the background? ... United States v. Lopez. What was the majority opinion? Appreciation to Ken Farshtey of Southwestern Academy in Arizona, whose pdf became the root inspiration for the organization which follows. In United States v. Lopez (1995), the United States Supreme Court declared the Gun-Free School Zones Act of 1990 an unconstitutional overreach of the implied powers of Congress under the Commerce Clause. The AP® United States Government and Politics Exam requires students to be familiar with fifteen landmark Supreme Court cases to the point that they can compare each case to a similar case that will appear on the exam. [9] The Fifth Circuit agreed and reversed his conviction, holding that "section 922(q), in the full reach of its terms, is invalid as beyond the power of Congress under the Commerce Clause. Case: United States v. Lopez (1995) SYLLABUS What are the facts? The government also argued that the presence of firearms within a school would be seen as dangerous, resulting in students' being scared and disturbed; this would, in turn, inhibit learning; and this, in turn, would lead to a weaker national economy since education is clearly a crucial element of the nation's financial health. Gonzales v. Raich and U.S. v. Lopez were both cases that applied to the Com-merce Clause of the Constitution. Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1995 to PresentUnited States v. Lopez - Significance, Court Of Appeals Ruling, Supreme Court Ruling, Implications, Related Cases, Further Readings, Copyright © 2021 Web Solutions LLC. 93-1260. . Who wrote it? UNITED STATES, PETITIONER v. ALFONSO LOPEZ, Jr. on writ of certiorari to the united states court of appeals for the fifth circuit [April 26, 1995] Justice Thomas, concurring.. "[We] judge the connection between a regulated activity and interstate commerce, not directly, but at one remove." Comparison Cases: U.S. v. Lopez (1995) – Judicial review, Commerce Clause, Gun Free School Zones Act Dred Scott v. Sandford* (1857) – Judicial review, due process, standing, slavery United States v. Nixon* (1974) – Judicial review, executive privilege Engel v Vitale . UNITED STATES v.LOPEZ. United States v. Lopez: Court U.S. Supreme Court Citation 514 U.S. 549 (1995) Date decided April 26, 1995 Appealed from U.S. Court of Appeals, 5th Circuit Case Opinions: majority written by William H. Rehnquist joined by Sandra Day O'Connor, Antonin Scalia, Anthony M. Kennedy, Clarence Thomas concurrence written by Anthony M. Kennedy After Alfonso Lopez brought an unloaded pistol to school in March of 1992 he was arrested and charged with violation of the Gun-Free School Zones Act of 1990. All Rights Reserved 283. The United States government filed a petition for certiorari, whereby the Court has discretion to hear or to decline a particular case, for Supreme Court review and the Court accepted the case. On March 10, 1992, he carried a concealed .38 caliber revolver, along with five cartridges, into the school. After respondent, then a 12th-grade student, carried a concealed handgun into his high school, he was charged with violating the Gun-Free School Zones Act of 1990, which forbids "any individual knowingly to possess a firearm at a place that [he] knows . comparing Gonzales v. Raich as compared to in U.S. v. Lopez. Don't forget to include relevant rulings, legislation, and events. § 922(q). In a majority decision joined by four other justices, Chief Justice William Rehnquist held that Lopez' possession of the gun was not economic activity and its scope was not sufficiently cabined, and so was outside the broad reach of the Commerce Clause. United States v. Dominguez Benitez, 542 U.S. 74, 78, (2004). United States Supreme Court. [26], Justice Stevens, in his dissent, iterated his agreement with the Breyer dissent that found ample congressional power under the Commerce Clause to regulate the possession of firearms in schools, in the same way that Congress may act to protect the school environment from alcohol or asbestos. "Errors in the determination of safety valve eligibility require resentencing even where the district court has indicated that it would not have sentenced below the mandatory minimum." Lopez brought a .38 caliber revolver to Edison high school in San Antonio Texas (right) along with five cartridges in order to deliver it to a fellow student for $40.00. 481 U.S. 828. First, because violent crime causes harm and creates expense, it raises insurance costs, which are spread throughout the economy; and second, by limiting the willingness to travel in the area perceived to be unsafe. Affairs Associates, Inc. v. Rickover. Case Name: United States v. Lopez (514 US 549) Facts: Alfonso Lopez Jr. was a student of Edison High School in San Antonio Texas. v. Thomas. ... United States v. Lopez- Background (1995) Congressed had passes the Gun-Free School Zones Act in 1990 in hopes of preventing gun violence at or near schools. For example, one cannot replace 'commerce' with a different type of enterprise, such as manufacturing..." Furthermore, Justice Thomas calls for further reevaluation of the "substantial effects" test, arguing that under the Court's understanding, it would allow for Congress to control every aspect of the Federal Government.[19]. 42) filed by the Defendant, Gerardo Sanchez-Lopez. It can also be ascribed to new legislation that makes open carry in schools legal in some Texas jurisdictions. [22] He pointed out the growing importance of education in the job market, noting that increased global competition made primary and secondary education more important. Supreme Court Decision. Case: United States v. Lopez (1995) SYLLABUS What are the facts? There was some question over the wording of the legal test, with the Court eventually opting to include the word "substantially" with "affect(s). "Fed Up: Gun Free School Zones Act of 1990 Justifiably Overturned by U.S. Supreme Court." The School Board of Iwing Township allowed its buses to transport children to a Catholic school. The United States … That clause (Article 1, Section 8) empowers Congress “to regulate Commerce with … Laurie Smith Camp Chief United States District Judge. § 1326 provides that any alien who has been deported and thereafter enters the United States is guilty of a felony. [28] It raised serious questions as to how far the Court might be willing to go in implementing judicial safeguards against federal encroachments on state sovereignty. When the power of Congress is challenged, the party asserting the existence of the power — here, the Government — bears the burden of demonstrating that the power exists. [32], The case has been followed by the Supreme Court in limiting Congress' power under the Commerce Clause in a 1999 case, United States v. Morrison,[33] and under other enumerated powers in a 2001 case, Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers ("SWANCC").[34][35]. The only question remaining, then, was whether Congress could have rationally concluded that the effect could be "substantial." McCulloch v. Maryland - case facts. Article I, Section 8of the United States Constitution reads as follows: This clause, known as the Case Summary of United States v. Lopez: A high school senior was convicted for bringing a gun to his school, which Congress made a federal crime under the Gun Free School Zones Act. Transport children to a Catholic school Funk Bros between a regulated activity and interstate Commerce the of! A felony Court, the Supreme Court. zone a federal offense Commerce Clause included the power `. Do n't forget to include relevant rulings, legislation, and events March 1992, he arrived school! Case: United States v. Lopez took place on November 8th, Decided! 549, 115 S. Ct. 1624, 131 L. Ed Texas high school justices Stevens Souter. Lopez was tried and convicted a separate concurring opinion v. Lopez–Reyes, 589 F.3d 667 ( 3d Cir.2009.. 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