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Breyer Vs. Lopez Case Study

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The case that Stephen G. Breyer that he was really active in was United States v. Lopez. This case a twelfth grader bring a gun to school. “[He was] charged under Texas law with possession of a firearm on school premises.” (Tobin 96) The state’s charges were dropped when federal agents accused him of breaking the Gun-Free School Zone Act of 1990. The Boy ended up getting probation. Breyer believed that the congress did the right thing by making the law because it made the country safer. The other eight justices disagreed that congress made the right choice. They thought that congress could not make laws about guns just because it was near a school. Breyer used the argument, “If some homegrown wheat affects interstate commerce… certainly guns

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