Gun Free School Zone Essay

1792 Words Nov 7th, 2010 8 Pages
United States Vs. Lopez (1995)

HIS 303

March 28, 2010

United States Vs. Lopez (1995)

Before I can appropriately discuss the opinion given by the US Supreme Court Justices; I feel that at first I must explain the background of what happened and the question that was brought before the justices of the US Supreme Court and the facts of the case. During this paper I will try to give some background information as well as the various opinions related to this issue. I will attempt to analyze and discuss the overall final outcome as issued by the courts in 1995. 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
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More specifically, he states (1) gun-related violence is a serious problem: (2) that problem, in turn, has an adverse effect on classroom learning; and (3) that adverse effect on classroom learning, in turn, represents a substantial threat to trade and commerce (Cornell University Law School, 2010). Justice Souter continues by stating that The Court observed that the Gun-Free School Zones Act operates in two areas traditionally subject to legislation by the States, education and enforcement of criminal law. The suggestion is either that a connection between commerce and these subjects is remote, or that the commerce power is simply weaker when it touches subjects on which the States have historically been the primary legislators. Neither suggestion is tenable. As for the remoteness, it may or may not be wise for the National Government to deal with education, however Justice Breyer has surely demonstrated that the commercial prospects of an illiterate State or Nation are not rosy...(Cornell University Law School, 2010). Justice Stevens stated that the welfare of our future "Commerce with Foreign Nations, and among the several States," is vitally dependent on the character of the education of our children. He, therefore, agrees entirely with Justice Breyer's explanation of why Congress has ample power to prohibit the possession of firearms in or near schools - just as it may protect the school environment from harms posed by

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