BUSAD 120 Lecture Notes - Lecture 6: Commerce Clause, School Zone, Violence Against Women Act
Document Summary
Texas case, senior student with gun on him on school property, part of. Brady gun control federal passed gun free schools act which violated federal and state law, was tried federally, was guilty as sin, at his appeal he attacks the law, he was tried under the commerce clause, Lopez came back and said public school wasn"t a business, court said yes it is, his second argument was that he did not do anything to affect commercial. Congress gave three categories in the clause to exercise authority over. Those activities having a substantial effect on interstate commerce. Issue was that lopez did not fall into any of these bc lopez merely possessed the gun, had no connection to interstate commerce, no proof to economic activity, and repetition of the activity did not affect interstate commerce. Ruled gun free school zones act unconstitutional because it was overly broad and did not properly use the commerce clause.
