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Alfonso Lopez, Jr., a 12th-grade student at Edison High School in San Antonio, Texas, went to school carrying a concealed .38-caliber handgun and five bullets.
Alfonso Lopez, Jr., a 12th-grade student at Edison High School in San Antonio, Texas, went to school carrying a concealed .38-caliber handgun and five bullets. School officials, acting on an anonymous tip, confronted Lopez. Lopez admitted that he had the gun. He was arrested and charged with violation of federal law, the Gun-Free School Zones Act of 1990. Lopez moved to dismiss his indictment on the grounds that the provision of the Gun-Free School Zones Act with which he was charged was uncon- stitutional in that it was beyond the power of Con- gress to legislate controls over public schools. The district court found the statute to be a constitutional exercise of congressional authority. Lopez was found guilty and sentenced to two years in prison. He appealed and challenged his conviction on the basis of the commerce clause. The Court of Appeals agreed with Lopez, found the Gun- Free School Zones Act an unconstitutional exercise of congressional authority, and reversed the convic- tion. The U.S. Attorney appealed. Who should win at the U.S. Supreme Court and why? [United States v. Lopez, 514 U.S. 549]
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