Political Science

On March of 1992, Alfonso Lopez, a 12th grade student from Edison High School in San Antonio, Texas was charged with the violation of the Federal Gun-Free School Zones Act of 1900 upon admitting to have carried a loaded .38 caliber revolver within the school zone.

The District Court found him guilty of the charge and dismissed Lopezs argument that the Congress has no power in his case wherein they cited that the Congress is responsible for regulating activities that may affect commercial areas or the commerce itself (i.e., Lopezs possession of a gun). However, the case was moved to the Court of Appeals and Supreme Court, and later on, the decision was reversed in favor of Lopez (Cornell University Law School, 2005).

The significance of this case lies not on the possession of a gun within a school zone but rather on the power and jurisdiction of the Congress under the Commerce Clause. If asked whether the Gun-Free School Zones Act that forbids citizen from knowingly carrying a gun in a school zone is unconstitutional because it is beyond the power of Congress under the Commerce Clause, the answer is yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with commerce or any sort of economic activity (United States v. Lopez, 1995).

If the use of Commerce Clause in favor of the Congress is to be allowed to win the case of Lopez, it will imply that the Congress will have the power for every crime or for every possible crime. Take for example the carrying of guns due to its impact to the local area or local commerce. Following this, the policing power of different agencies therefore should be nationalized since all crimes have a possible economic impact. This will negate the power of local governments in their areas of jurisdictions.