2. Background
• On March 10th, 1992, a 12th grade carried a concealed
weapon with 5 bullets to School. School authorities
confronted the student about the weapon and he was
later arrested and charged under Texas law with firearm
possession on school grounds. The next day were
dropped because the student complained against the
Gun Free School Zone Act (1990).
• This Court Case was addressed by the Supreme Court in
1995
3. Where is It in the Constitution
• In Article I, Section 8, part 3 you will find the
Commerce Clause.
• This Clause gives Congress the power “To
regulate Commerce with foreign Nations, and
among the several Sates, and with the Indian
Tribes.”
4. What Did this Case Resolve?
• This Court addressed the question of who had
the power to regulate interstate and intrastate
commerce.
• In a 5:4 vote the Court ruled that Congress had
exceeded it’s powers under the Commerce
Clause. The Court also ruled that the law is a
criminal statute that has nothing to do with
commerce or any type of economic activity.
5. How Does this Case affect you?
• This Case prevents the federal government from
coming in and charging you with selling an item
without tax.
• Keep in mind that federal charges are much
harsher than state charges.
