Answer to Question #133378 in History for kadence

Question

Are the charges against Alfonso Lopez unconstitutional?

Answer 1

The charges against Lopez under the 1990 Federal Act that criminalized the carrying of gun in schools were unconstitutional because the Congress had overstepped in mandate by passing the law. Congress had no legal power to pass laws at the state level; schools operated under state laws The carrying of a gun was in no sense a commerce related case, where Federal government had the right to intervene to normalize trade between states. Therefore, carrying a gun could not be argued using the Commerce Clause.