Breyer Vs. Lopez Case Study
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Jurisdictional element: whether the good had moved in interstate commerce. Whether there had been Congressional findings of an economic link with the regulated activity. How attenuated the link was between the regulated activity and interstate commerce. Reasoning: Rehnquist The Constitution creates a gov't of enumerated powers; "the powers delegated by the Constitution to the federal gov't are few and defined. Those which are to remain in the State gov'ts are numbers and indefinite.
Possession of a gun in a school zone does not affect economic activity in the way that previous cases allow. Possession of a gun is in no sense an economic activity that might, through repetition elsewhere, substantially affect any sort of interstate commerce. There is no jurisdictional element in the statute requiring any kind of interstate movement. Neither the statute nor the legislative history contain express findings regarding the effects of gun possession in school zones upon interstate commerce. The argument about how guns in school zones affects interstate commerce is tenuous at best costs of crime are high, guns hinder education - leads to less-educated workforce. Following this line of reasoning, there would be almost nothing that Congress could not regulate; some power must be reserved to the states.
To uphold the gov't contention, Court would have to pile inference upon inference; would convert congressional authority to a general police power usually held by the states. Kennedy The statute upsets the federal balance to a degree that renders it an unconstitutional assertion of the commerce power. Neither the actors nor their conduct has a commercial characteristic, and neither the purposes nor design of the statute has an evident commercial nexus.
Education is traditionally a concern of the states. Court has a duty to ensure that the federal-state balance is not destroyed. While it is doubtful that any state would argue that it is wise policy to allow students to carry guns to school, considerable disagreement exists about how to best accomplish that goal; states should be the laboratories. Thomas Case law has drifted far from the original understanding of the Commerce Clause. Court ought to temper its Commerce Clause jurisprudence in a manner that both makes sense of the more recent cause law and is more faithful to the original understanding of the clause. As seen in previous cases like Tinker vs.
Des Moines, students have the right to political say, unless it causes disruption at school of students are promoting something that goes against the law. In the case of Tinker v Des Moines the students were not promoting anything illegal but showed their thought on the Vietnam War by wearing black armbands Tinker. Argued in court by Kenneth W. Starr in the Morse v. Frederick case, he gave the idea that the foundation for school censorship was the case of Tinker v.
Des Moines Morse. The Justices responded back saying, that case was a different scenario as the students weren 't doing anything against the law while Frederick was encouraging the use of marijuana which was illegal Morse. His sentence was 6 months in prison and two years of being supervised while being released. Furthermore Lopez pleaded not guilty to his charges and. Nine years after the United States Supreme Court ruled separate is not equal many schools were still segregated. Judge Bohanon wanted to end this, so he forced a stop to segregation in Oklahoma City Public Schools through his ruling 1. This shows how government leader like Judge Bohanon would try to stop segregation.
With them using the power they had they would start with one small area such as schools and it would get the ball rolling to be able to expand the stop of segregation in other areas. Have you ever took a drug test and felt like you had to give up your privacy as a citizen? James Acton did in the court case " Acton v. Vernonia School District". After reviewing the case I 've come to the decision to agree with the school district and believe that the government interest in keeping the students safe from drug use weighs more than this seventh graders privacy. If there wasn 't limited. In , after many appeals this case went on to the Supreme Court. Frederick 's first amendment was not broken as his freedom of speech was limited at school.
Marijuana at the time was an illegal substance, and due to that, Frederick was promoting something illegal. Show More. National Federation of Independent Business v. United States Supreme Court. McBride, Alex. PBS, Dec. April 29, Gillette, Lisa Y. Lopez and the New Commerce Clause Doctrine. DePaul University, April Oliver, Willard M. Lopez , 55 Cal. Daily Op. Smith, Rachel Elizabeth. Catholic University, Timeline 1 Background Alfonso Lopez, Jr. Issues 1. What categories of activity may Congress regulate under its commerce power? Chief Justice Rehnquist authored the majority opinion identifying the three broad categories of activity that Congress could regulate under the Commerce Clause: The channels of interstate commerce The instrumentalities of interstate commerce, or persons or things in interstate commerce Activities that substantially affect or substantially relate to interstate commerce.
Concurring Opinion Thomas Justice Thomas hypothesizes how the Federal government and the dissent could and have attempted to utilize the substantial effects doctrine, in order to justify Federal legislation and authority over, what has till then traditionally been, State Police powers. Dissenting Opinion Stevens In his dissent Justice Stevens states that firearms can have a dampening effect on the ability to practice commerce.
Dissenting Opinion Souter Souter thought the majority created an overly narrow definition of economic activity, which put excessive restrictions on the ability of the legislature to exercise their authority under the Commerce Clause. Timeline 2 Constitutional Provisions In Article I, section 8, clause 3, the Commerce Clause gives all power to Congress to regulate and control commerce within the states, foreign nations, and also with the Indian tribes. Filburn Hammer v. Dagenhart Marbury v.
