How A Kid Bringing a Gun to School Led to the Federal Government Losing Power | U.S. v. Lopez

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Mr. Beat

Mr. Beat

Күн бұрын

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@iammrbeat
@iammrbeat Жыл бұрын
My book about everything you need to know about the Supreme Court is now available! Amazon: amzn.to/3Jj3ZnS Bookshop (a collection of indie publishers): bookshop.org/books/the-power-of-and-frustration-with-our-supreme-court-100-supreme-court-cases-you-should-know-about-with-mr-beat/9781684810680 Barnes and Noble: www.barnesandnoble.com/w/the-power-of-our-supreme-court-matt-beat/1142323504?ean=9781684810680 Amazon UK: www.amazon.co.uk/s?k=the+power+of+our+supreme+court&crid=3R59T7TQ6WKI3&sprefix=the+power+of+our+supreme+courth%2Caps%2C381&ref=nb_sb_noss Mango: mango.bz/books/the-power-of-our-supreme-court-by-matt-beat-2523-b Target: www.target.com/p/the-power-of-our-supreme-court-by-matt-beat-paperback/-/A-86273023 Walmart: www.walmart.com/ip/The-Power-of-Our-Supreme-Court-How-the-Supreme-Court-Cases-Shape-Democracy-Paperback-9781684810680/688487495 Chapters Indigo: www.chapters.indigo.ca/en-ca/books/the-power-of-our-supreme/9781684810680-item.html?ikwid=The+Power+of+Our+Supreme+Court&ikwsec=Home&ikwidx=0#algoliaQueryId=eab3e89ad34051a62471614d72966b7e
@diegoyanesholtz212
@diegoyanesholtz212 Жыл бұрын
Do the dobbs decison?
@Anon54387
@Anon54387 Жыл бұрын
Weapons on school grounds used to be quite common. In fact, many schools had rifle teams. I had no idea, but when I was at college in Sacramento, California I saw some year books from the 1950s. In those year books were photographs of the boys' and girls' rifle teams posing in a city park with their rifles. The gun free school zone is one of the most ridiculous laws ever passed in US history. Like someone bent on a mass shooting is going to stop at the 1,500 foot mark. It is nearly impossible to be beyond that distance from a school in any town or city, and there are even schools scattered around the countryside. The burb I live in has only a few slivers that are farther than that from a school, and the central city is even more densely packed. Last time I was in the city, I later looked at Google Earth and saw that I was only a block away from a school and I've lived in this area for most of my life. Such laws only risk getting someone who has no intent of harming anyone in serious legal trouble while doing nothing to stop those who do seek to harm.
@luisfilipe2023
@luisfilipe2023 Жыл бұрын
Seriously the commerce clause gotta be the most abused clause in the entire US Constitution
@EpicuriousGeorge
@EpicuriousGeorge Жыл бұрын
i couldn't care less if it results in fewer dead children
@beavercontrol1743
@beavercontrol1743 Жыл бұрын
fr, when i took ap government we had to write like a 5 page essay on if we thought it was being abused or not.
@t-bone3659
@t-bone3659 Жыл бұрын
It was definitely an overstretch
@alonkatz4633
@alonkatz4633 Жыл бұрын
The constitution is abused in general
@EpicuriousGeorge
@EpicuriousGeorge Жыл бұрын
@@alonkatz4633 a better question is why we feel the need to treat the constitution as infallible. Plenty of it has clearly not aged well, constitutional "abuse" in the name of the public good is better than evil done in the name of "constitutionality."
@aaronTGP_3756
@aaronTGP_3756 Жыл бұрын
While I disagree with having people bring guns to school (specifically high schools or below), the Commerce Clause is completely irrelevant to the gun control issue.
@nerdwisdomyo9563
@nerdwisdomyo9563 Жыл бұрын
It’s like veeeeery slightly related, I’m sure there’s a better argument to be made against being able to bring guns to school You know like, common sense or something
@hn396
@hn396 Жыл бұрын
@@nerdwisdomyo9563 Good thing there isn't a part of the constitution that says "the federal government has the power to do anything if it's common sense or something".
@nerdwisdomyo9563
@nerdwisdomyo9563 Жыл бұрын
@@hn396 … actually that’s a good point, I guess that’s where the saying “in the eyes of the law” comes from, no matter how obvious it is if it isn’t written to be illegal it’s fine
@bcubed72
@bcubed72 Жыл бұрын
@@nerdwisdomyo9563 Is there some particular reason why the 50 states cannot handle this? Feds are only supposed to get involved if it's something that the states cannot handle by themselves.
@doo2786
@doo2786 Жыл бұрын
@@nerdwisdomyo9563 It wasn't ever an argument being made against being able to bring guns to school. The argument was about whether the federal government had the power to regulate such a thing.
@PercyIIV
@PercyIIV Жыл бұрын
Yeah the use of the commerce clause is definitely A HUGE STRETCH
@PercyIIV
@PercyIIV Жыл бұрын
@@no.6660 you guys love weapons way too much 😂
@joerionis5902
@joerionis5902 Жыл бұрын
@@no.6660 It was a comment on Americans as a whole. Specifically your more fanatic neighbors. If you're American that is.
@jaydenbrockington4525
@jaydenbrockington4525 Жыл бұрын
@@no.6660 that’s irrelevant. The case was obvious
@Veltrosstho
@Veltrosstho Жыл бұрын
If it's not a gun, it's a knife. If it's not a knife, it's a bat. If it's not a bat, it's a sharp pencil. People hurt people. Maybe we should address that instead of putting a bandaid over it. But we won't. 🤣
@newagain9964
@newagain9964 Жыл бұрын
@@PercyIIV watch the old mad max movies and gangs of NY. That’s the future of USA. In Maybe 20 yrs.
@Corwin256
@Corwin256 Жыл бұрын
Arguing commerce clause here kind of comes off as a nearly direct acknowledgement that the constitution doesn't allow it but they want the law to stay anyway. The moment I heard there was a federal criminal law that was even tangentially related to the situation, alarm bells were ringing and I figured it was going to get struck down.
@OpinionesDeJACCsOpinions
@OpinionesDeJACCsOpinions Жыл бұрын
SCOTUS actually allowed for such a loose interpretation of the Commerce clause during most of the 20th century starting with the New Deal. The thing is most civil rights are actually protected this way, not via the 14th Amendment. Yeah, for some reason SCOTUS denied Congress the ability to protect civil rights via legislation that directly referenced the 14th and 15th amendments, can't remember their reasoning. So, later on during the last century using the Commerce clause as a basis SCOTUS approved and that's how most of our civil rights are actually protections of our commercial rights instead.🤷‍♂️
@Gamerad360
@Gamerad360 Жыл бұрын
@@OpinionesDeJACCsOpinions Yeah, because the supreme court was controlled by new dealers. and by a 5-4 margin, which is actually a horrible margin and will probably get overturned if it became a case again somehow. Anything less then a 7 in favor is very controversial and has a good chance of being overturned.
@Nyet-Zdyes
@Nyet-Zdyes Жыл бұрын
The Commerce Clause is usually how the federal government "justifies" grabbing more power.
@OpinionesDeJACCsOpinions
@OpinionesDeJACCsOpinions Жыл бұрын
@@Gamerad360 Ah, would the new dealer still be the ones that decided the Brown case or other civil rights cases from the 60s and 70s?
@Gamerad360
@Gamerad360 Жыл бұрын
@@OpinionesDeJACCsOpinions Interestingly yeah 2 of them were on the new deal and brown vs board of education cases. Brown vs education wasn't a controversial case for the judges, even the 3 republican Judges agreed. For most of those 60s and 70s civil rights cases didn't involve new dealers and the courts were republican leaning.
@route2070
@route2070 Жыл бұрын
Fun fact, in Nebraska, guns were allowed on college campuses until 2009. As long as they were locked up on campus. After it was made illegal many students just took their guns to their friends house where they happen to also host parties. My senior in one of the school, my school had donated gun lockers, and placed the lockers in the local police department, for a safe lockup location, until the student would go out hunting. As someone who worked fro t desk security, I can say I have seen many students leave the dorm for the stated reason of going hunting at 4 or 5 am.
@mrrogersrabbit
@mrrogersrabbit Жыл бұрын
Colorado, Utah, and a bunch of other states have campus carry today.
@slugoo6474
@slugoo6474 Жыл бұрын
I wish my state had that.
@DarkElfDiva
@DarkElfDiva Жыл бұрын
@@mrrogersrabbit I'd be curious how many mass shootings happen on college campuses in Colorado, Utah, and said other states.
@route2070
@route2070 Жыл бұрын
@Munitia Blastpaw not many (I know, less descriptive then you want) as far as I am aware, the vast majority of school shootings are K-12.
@GeneralRaptor
@GeneralRaptor Жыл бұрын
We can carry on campus here in Utah
@InterstateKyle
@InterstateKyle Жыл бұрын
These Supreme Court briefs videos are very informative and should be shown in classrooms across the country. I like you take a dive into some of the lesser known cases as well and not just the ones that everyone has heard about as well. Loving this series!
@nasis18
@nasis18 Жыл бұрын
My son's history teacher has shown a few of them.
@jpe1
@jpe1 Жыл бұрын
Back when I was a kid (1986 to be specific) a friend’s brother brought a gun to school and all that happened was he the gun was confiscated and he was expelled (but I think that was changed to a 10 day suspension, my recollection is hazy). Lopez is an example of the adage “don’t make a Federal case of it.” I’m assuming that someone with a political axe to grind was involved with Lopez…
@iammrbeat
@iammrbeat Жыл бұрын
Oh I bet so, too!
@kidsrock91
@kidsrock91 Жыл бұрын
You know you’re American when gun violence in schools is discussed in an economic way.
@alonkatz4633
@alonkatz4633 Жыл бұрын
Oh, America, you're totally crazy, but I still love you
@LightPink
@LightPink Жыл бұрын
You know you're in politics when gun violence in schools is discussed in an economic way
@hunghung79
@hunghung79 Жыл бұрын
That was a horrible argument by the lawyers
@George_Washington420
@George_Washington420 Жыл бұрын
whoa dude, it's almost like socioeconomic issues require socioeconomic approaches! clearly, your education system is so much better than ours
@guffalump756
@guffalump756 Жыл бұрын
To be fair, its almost entirely because the gun free zone was a federal decision that they then argued for on pretty shaky ground. If they wanted it to stick, they should have gone the long way around to enshrine the Gun free school zone act in a way that didnt have it relying on the flipping commerce clause of all things.
@paulis7319
@paulis7319 Жыл бұрын
Quick rundown: Dude brings gun to school to sell for a few dollars. Dude's family spends 100's of 1000's of dollars in legal fees to prove that dude wasn't breaking the law.
@virux4107
@virux4107 Жыл бұрын
Revs aint cheap wdym lolz
@ClayishWall
@ClayishWall Жыл бұрын
Well they probably didn’t plan on getting arrested and battling in court, they just had to in order to not go to jail
@Slava_Ukraini1991
@Slava_Ukraini1991 Жыл бұрын
@@virux4107 that was a cheap gun. maybe 2-3 hundred he'd get for it.
@virux4107
@virux4107 Жыл бұрын
@@Slava_Ukraini1991 yes
@highgrounder
@highgrounder Жыл бұрын
Probably most of the legal fees were covered by sponsors such as pro-gun PACs and perhaps the NRA (not 100% sure but the NAACP and ACLU are known to sponsor such important cases)
@GrinderCB
@GrinderCB Жыл бұрын
The Commerce Clause is one of those parts of the Constitution that's been batted back and forth in the courts for decades. It always seems to be the basis for any argument whenever the Federal government expands its authority. Congress passes a law, someone challenges it in court, and the government's defense is some convoluted argument about interstate commerce. The movement for an Article 5 convention to discuss amendments to the Constitution (Hey Beat, might be a good topic for a video, eh?) lists an amendment to redefine the Commerce Clause as being one of the top issues of interest. Another possible topic for a video might be the 1942 case of Wickard v Filburn, which used wheat farming for personal use as the basis for the government to penalize an Ohio farmer.
@topomusicale5580
@topomusicale5580 Жыл бұрын
Government schools are obviously not commerce. That is a ridiculous (and typical) stretch of the Commerce Clause. I'm surprised they didn't argue that since Lopez was planning to sell the gun the Commerce Clause applied but then, unless the person he was selling it to was from a different state that wouldn't hold water anyhow since the clause is about interstate commerce. lol
@andrasfogarasi5014
@andrasfogarasi5014 Жыл бұрын
No, you're onto something. Tell me, have you ever pondered how the Controlled Substances Act's prohibition of possessing controlled substances is constitutional? Well, Congress argues that possessing controlled substances has a substantial effect on interstate commerce. That's right. If you create controlled substances in your garage, then consume them yourself, you're substantially affecting interstate commerce. See, Congress argues that it is extremely difficult to distinguish between controlled substances that have taken art in interstate commerce and controlled substances which haven't. Therefore they shouldn't have to. And that's a pretty scary argument if you think about it. This gets even funnier when you remember the Prohibition. They needed a full-on constitutional amendment to ban alcohol. So why didn't they need one for banning methamphetamine? I don't know.
@TheObsesedAnimeFreaks
@TheObsesedAnimeFreaks Жыл бұрын
Wouldn't hold water period. If someone sells something within a state regardless of who they sell it to, only the states laws govern that transaction. The only time the commerce clause is supposed to be used is specifically when the control of state borders is effected. Not when you travel on a highway, not when you work at a rail terminal. Only when crossing borders as historically relevant as to why the commerce clause even exists.
@adamholmes1992
@adamholmes1992 Жыл бұрын
I graduated from Marshal County High School in Marshal County KY in 1993. Every single day multiple kids brought their guns to school. We were country folks. 99% of them left heir guns in their cars/trucks. Rifles were seen on gun racks in many pick up trucks in the parking lot. Occasionally, a kid would being a hand gun into school to show it off his cool new gun. No one ever dreamed of any kid using a gun for violence at school. Shortly after I graduated the practice was done away with. Likely because of the school shooting in nearby Paducah, Kentucky in 1997. That town didn’t have the same demographics and, as far as I know, didn’t bring guns to school as a matter of practice. Then in 2018 there was a school shooting in at Marshal county high school, the school I graduated from. 14 people shot and 2 died. I’ve often wondered if this kid would have been taken out or stopped if the practice of taking guns to school, like it was when I was there, had still been practice.
@jas7256
@jas7256 Жыл бұрын
This court case was a big case in my AP Government class (it was presented as a counter example to Marbury v Madison), cool to see you doing a video on it!
@kyleolcott1769
@kyleolcott1769 Жыл бұрын
Why does it counter Marbury v. Madison? Wouldn't the court saying that the Commerce Clause not being applicable in this situation still use the powers granted by Marbury v. Madison of being able to interpret the Constitution?
@samuelblack526
@samuelblack526 Жыл бұрын
@@kyleolcott1769 I think they meant Gibbons v. Ogden.
@jas7256
@jas7256 Жыл бұрын
@@kyleolcott1769 It's an example of the Supreme Court limiting the power of the federal government.
@sandshark2
@sandshark2 Жыл бұрын
@@jas7256 with that kind of broad comparison you could compare it to brown v board of education if you wanted
@DoctoralPhilbert
@DoctoralPhilbert Жыл бұрын
Hey Mr. Beat, I wanna say thank you for being someone who has helped me beable to see different points of view without saying it in an angry or argumentative way. I have changed my mind on many things recently that I never thought I would before. It really is a fresh new point of view that allows me to see the echo chamber I used to be stuck in. Please do a video about Universal Basic income by the way, I would love to hear why you support it.
@msa4998
@msa4998 Жыл бұрын
Then you must be one who can be brainwashed as this guy doesn’t know S from Shinola.
@newagain9964
@newagain9964 Жыл бұрын
UBI is nonsensical (everyone don’t need $1k a month, some need more. And will cause inflation) and it’s blood money to uphold an inherently unjust system.
@dalesmth1
@dalesmth1 Жыл бұрын
Get a job.
@ignatiusjackson235
@ignatiusjackson235 Жыл бұрын
@@makepeoplemad Tell us you're mentally challenged without telling us you're mentally challenged.
@KnightNave
@KnightNave Жыл бұрын
@@makepeoplemad why would letting peoples salary/wage become disposable income be bad for the economy? Giving people economic freedom is a great way to free people from being debt trapped in poverty.
@alonkatz4633
@alonkatz4633 Жыл бұрын
"The commerce clause allows Congress to regilate guns anywhere" Yeah. Sorry Stevens, I love you man, but you messed up here. At least you improved with the Heller dissent... I have two fun suggestions for future videos: 1. Smith v. U.S. (1993), the case that defines what "using a gun" means and Scalia (rightfully) despised. 2. County of Allegheny v. ACLU, one mess of a case that clarified the circumstances in which the government may promote religious messages. This one would be more appropriate for the holiday season, though...
@iammrbeat
@iammrbeat Жыл бұрын
Dang, two deep cut cases for suggestions there!
@jwjones1979
@jwjones1979 Жыл бұрын
The answer to Allegheny is NEVER! The government should never EVER promote ANY religious message. We're not a theocracy. Go to Iran or Sudan if you want that crap.
@guffalump756
@guffalump756 Жыл бұрын
I have to agree with you there. That act was definitely living on borrowed time if it was decided using the commerce clause as a precedent. Good intentions, baaaad reasoning.
@pascalausensi9592
@pascalausensi9592 Жыл бұрын
@@jwjones1979 The United Kingdom has a state religion: the Church of England. Are they a theocracy akin to Iran or Sudan?
@alonkatz4633
@alonkatz4633 Жыл бұрын
​@@pascalausensi9592 I'm pretty sure religion isn't a major source for British law, so not really...
@salamilidontfit
@salamilidontfit Жыл бұрын
Covered this case prepping for my AP Gov test! Beforehand I had no idea how the commerce clause could’ve even been argued in the first place, and I still have no idea!
@moses4769
@moses4769 Жыл бұрын
I've been waiting for this FOREVER. I took AP Gov in high school and never understood this case even after researching it.(Even after this video it is still somewhat confusing. No way should commerce be thought about with a gun in a school, even if he just wanted to sell it.)
@TheDJGrandPa
@TheDJGrandPa Жыл бұрын
Not an American, but from my understanding of US law, I think that was because they went for the case on a federal level where the constitution will lead the way on another level. So the fed gov were grasping at straws to prove it with the constitution. I could be completely wrong though.
@ryansilverstein9353
@ryansilverstein9353 Жыл бұрын
Law student here. Hopefully I can explain this in a way that makes sense. Basically there is something called “police power” which is the governments ability to regulate for the health, safety and welfare of their citizens. There is no federally enumerated police power. The framers decided to leave it to the states after extensive debate at the conditional convention. As a result, the way the federal government regulates anything is usually via the necessary and proper clause (as in the regulating is necessary and proper to further another enumerated power), the commerce clause, or both. This is why for example, the FBI only has jurisdiction over inter-state crimes (cause the commerce clause only allows regulating inter-state commerce). In this case, congress was claiming the commerce clause gave them the power to regulate guns used in schools zones because in the aggregate- guns in school zones leads to gun violence, which leads to less educated children, which leads to a less educated populace, which causes crime that is detrimental to inter-state commerce. The majority here said no: due to the lack of any jurisdictional element they would have to pile “inference upon inference” to find that this law was within congress’ enumerated power. AKA: if Congress wrote the statute to regulate guns transported via interstate commerce (or even used in interstate commerce) then the law would be valid. The dissent used the aggregate argument I just described. I hope this explains it and makes sense.
@moses4769
@moses4769 Жыл бұрын
​@@ryansilverstein9353 Thanks for your explanation! It is still somewhat confusing, but maybe I'll try to read it more to understand.
@ryansilverstein9353
@ryansilverstein9353 Жыл бұрын
@@moses4769 I’ll simplify it: since Congress doesn’t have any authority granted to them by the constitution to regulate issues left to the states (like schools). Hence, they use their vested powers (like the power to regulate interstate commerce) to make laws like the one in question. The reason the court ruled against the government here is that congress didn’t include the jurisdictional element (specifically- they didn’t ban guns used in interstate commerce, only broadly guns). If the statute banned guns used in interstate commerce then the law would be valid according to the court. This is why congress amended the law after this case was decided- so they could comply with SCOTUS decision and get the policy outcome they desired.
@reddragonflyxx657
@reddragonflyxx657 Жыл бұрын
@@moses4769 It was Texas' decision whether or not to make this a crime. The federal government didn't have jurisdiction, so federal law.
@unsatiable3860
@unsatiable3860 Жыл бұрын
Lol Lopez was so lucky they dropped the state charge for the unconstitutional federal charge
@sweden5665
@sweden5665 Жыл бұрын
Just a quick note, Congress rewrote the Gun Free School Zone act to require that the firearm traveled in interstate commerce. The new wording has not been challenged as far as i know.
@Warhead_235
@Warhead_235 Жыл бұрын
So far I think there is a case in Pennsylvania. Not for carrying a gun but a type of knife or tool. The judge ruled that the knife or took was used for legal purposes and not to harm. People where think about what carrying guns legally for protection. So far it hasn’t gun far. And yes the gun free school is still federal law. It mostly applies if you go on school property. I can have my guns in home and in my car as long as I don’t stop and keep on driving.
@xryphon
@xryphon Жыл бұрын
@@Warhead_235 IMO knife is fine; firearms are not.
@Warhead_235
@Warhead_235 Жыл бұрын
@@xryphon to me if the person has a license to carry I say keep it concealed. I personally believe all schools should have both armed police to mostly deal with arrest, issued stuff and private arm security to respond to actual shooters.
@sandshark2
@sandshark2 Жыл бұрын
@@Warhead_235 or we just figure out how to not have school shooters every week, like the rest of the world. But given that, bandaid solutions could help a bit
@Warhead_235
@Warhead_235 Жыл бұрын
@@sandshark2 well I am not for bans. I am not giving up my AR-15 or AK-47. And I am not giving up on carrying my handgun either. Plus I work for a company that makes guns and I love my job. It’s a job I enjoying doing
@hucklebucklin
@hucklebucklin Жыл бұрын
Everyone's legal team: "One thing I know is that the only applicable clause is the commerce clause" 😂😂😂 thank you for explaining the incomprehensible logic of this case as best you could.🎉 this case is very strange altogether!
@Sammywhammy254
@Sammywhammy254 Жыл бұрын
crazy, my dad grew up in Texas and he said it was normal for the students to have a shotgun/rifle mounted in their truck. People never thought anything about it. At the time though most teenagers knew about gun handling
@4rumani
@4rumani Жыл бұрын
im sure he didnt bring a handgun into school though lol
@DarkElfDiva
@DarkElfDiva Жыл бұрын
Yeah, when my brother was in high school in the late 80s, they got a call from someone threatening to come shoot up the school. So, after notifying the police, a few teachers and students went to their cars, got their guns, and waited at the various entrances to the building. Nobody came to shoot the school up.
@fatcat5817
@fatcat5817 Жыл бұрын
Crimminals need to be taught to read! 😇😍 Then they will follow the law!
@wolu9456
@wolu9456 Жыл бұрын
it's a shame they f'ed it up with police and barred us in so their is no escape or illusion of freedom. they locked all but 2 bathrooms for 1500 students bc some tried to start a small fire in a bathroom. they were supposed to unlock them when classes changed but they never did
@wolu9456
@wolu9456 Жыл бұрын
@@4rumani are you sure?
@Kalterkard
@Kalterkard Жыл бұрын
"I wonder how this happened" "San Antonio, Texas..." "I understand now."
@nerdwisdomyo9563
@nerdwisdomyo9563 Жыл бұрын
Literally my first though was “of course it’s Texas”
@suzanneemry5770
@suzanneemry5770 Жыл бұрын
If KZbin tells you I gave this a thumbs down, that was a mistake. My young'un bumped my arm as I was approaching the like/dislike buttons. I immediately corrected it but there was already a message that my feedback would be shared with you 😮. You are awesome. One of the best.
@taxinvasion260
@taxinvasion260 Жыл бұрын
Me when I'm in a "fail the easy court case" challenge and my opponent if the US Federal Government.
@kennypowers2341
@kennypowers2341 Жыл бұрын
you have a .01 chance unfortunately
@houstonburnside8985
@houstonburnside8985 Жыл бұрын
The Supreme Court Dunking on Congress doing unconstitutional things and trying to justify it with bad reasoning will never not be funny. Seriously the commerce clause can’t be used as a silver bullet whenever congress wants to over step it’s delegated authority.
@sandshark2
@sandshark2 Жыл бұрын
Its just a sign of a terribly-built political system when preventing weapons from going onto school grounds cannot be protected without making up a legal justification. It wasnt overstepping by the government to prevent guns to go on school grounds, it was a failure of the system entirely to allow that basic enforcement without breaking some other legal framework
@OpinionesDeJACCsOpinions
@OpinionesDeJACCsOpinions Жыл бұрын
​@@sandshark2 Yep.
@HudsonGTV
@HudsonGTV Жыл бұрын
@@sandshark2 The whole point is that it should be the state's decision and not the federal government's. I have no issue with states creating laws. The problem is giving too much power to the federal government. If you give them the authority to van/do whatever they want, that sets a bad precedent for other cases.
@sandshark2
@sandshark2 Жыл бұрын
@@HudsonGTV now take the entire argument you made, and replace federal with state government. How is giving too much power to the state gov any better than too much power to the federal government? I dont understand how the average american is so anti-fed (for good reason) while being entirely a bootlicker for the states, and half of americans dont even vote for state politicians! (I do actually know why, its dogma from history class)
@JakeBaldwin1
@JakeBaldwin1 Жыл бұрын
@@sandshark2 Comparatively speaking an individual has more political power and influence over state and local politics than over federal politics. State level officials are also more accessible than federal level officials, my dad has talked to our state representative about issues before. (But that does depend on where you live. It may not be applicable to other areas.) Honestly it would make more of a difference if people would pay attention to their local and state affairs more often. It does however mean that those of us that do pay more attention and interact with our representatives have more influence on what goes on.
@michaeltnk1135
@michaeltnk1135 Жыл бұрын
I was literally just thinking that I wish you’d upload more Supreme Court Briefs
@AntsArt
@AntsArt Жыл бұрын
I was binging this series, so I see this as a absolute win.
@LaineBurglass23
@LaineBurglass23 Ай бұрын
I’m currently taking Constitutional Law in law school and just read this case in my textbook. Very good brief!
@SirSusDaddy
@SirSusDaddy Жыл бұрын
A good remindwr to what i just leanred in my ap gov class this year, gonna miss you mr k
@ExemplaryTurtle
@ExemplaryTurtle Жыл бұрын
I think Bostock v. Clayton County would be a good one, especially with how relevant it is to a lot of people. Riley v California would be another good one too, especially as a lesser known case that still had big implications
@billytompkins6633
@billytompkins6633 Жыл бұрын
I mean he ' couldve ' been selling the weapon or maybe he just wanted to look tough or cool. But its absolutely terrifying to think what he may of tried to do. Saying that it did sound a bit of a stretch based on the laws youve stated.
@jtgd
@jtgd Жыл бұрын
Some people don’t get that sometimes, the us Supreme Court (though expected to be impartial and only using their power in good faith), they can literally rule in ways that are or aren’t constitutional, regardless of the constitution, as long as they side in the majority and can justify it constitutionally.
@anonymousperson3023
@anonymousperson3023 Жыл бұрын
​@@jtgd If you can justify it constitutionally, how would their rulings not be constitutional then?
@patio_daddio_69
@patio_daddio_69 Жыл бұрын
@@anonymousperson3023 because the justifications are really just up to the justices constitutional interpretation, and each justice has biases that influence that interpretation. All people would tbh, being truly impartial without anyway to verify that is kinda not possible.
@EnigmaticLucas
@EnigmaticLucas Жыл бұрын
@@jtgd Their rulings on the Constitution and the Constitution itself are one and the same. This is a common law country.
@pascalausensi9592
@pascalausensi9592 Жыл бұрын
@@jtgd ​ @Patio_Daddio_69 Follow that line of reasoning to its logic conclusion and you arrive at phrases like "John Marshall has made his decision, now let him enforce it" (Andrew Jackson) or "cease quoting laws to us that have swords" (Pompey). In the end SCOTUS has powers because the social contract grants it those powers, and that contract implicitly stipulates that they will base their decisions on interpretations of the law, the constitution, and precedent. If they do not adhere to the contract refer to the previous two quotes.
@Eli-th3xi
@Eli-th3xi Жыл бұрын
I’ve been waiting for this video for a long time, thank you Mr.Beat!
@davidlittle9010
@davidlittle9010 Жыл бұрын
When I was a kid in the late 70s in rural texas, we weren’t supposed to bring guns but often forgot - we kept them in our trucks. If you did bring one, you unloaded it and brought it to the principals office where it would remain until school was out for the day. Wasn’t a concern to anyone, a gun is a tool and just part of ranch life
@feartheghus
@feartheghus Жыл бұрын
"...Led to the Federal Government Losing Power" I already like this story.
@chrishorne2740
@chrishorne2740 Жыл бұрын
In the late 70's and early 80's I brought a .22cal semi-auto rifle on the bus and to school every Tuesday and Thursday for the rifle club. We would locked them up in the metals shop's gun locker During the duck, deer or upland game hunting seasons I would bring my Browning A5 shotgun and my retired Special Forces vice principle would lean it against the wall behind his desk. This was just 20 miles or so outside of Boston, Ma on RT-117. In the mid 80's due to 'safety' concerns the 30 year incident free gun range was replaced with a football field that has killed at least one student so far...
@Slava_Ukraini1991
@Slava_Ukraini1991 Жыл бұрын
I remember my mother telling me that all of the boys at her school had .22s in their trucks so that they could go hunting right after school ended. my grandfather also told me that he and all of the other boys would bring their pocket knives to school. Yet nobody was running around stabbing and shooting each other. Maybe it has to do with the fact that if you treat somebody like a prisoner they will act like a prisoner.
@weston.weston
@weston.weston Жыл бұрын
Hi Matt, this is an excellent segment. Glad you're here!
@iammrbeat
@iammrbeat Жыл бұрын
Thanks Weston!
@alexp2608
@alexp2608 Жыл бұрын
I remember An older fellow told me him and his friends used to bring 22lrs to school on the buses so they could shoot gophers during lunch. I think this was fairly common in my part of Canada back in the day.
@DrPriztopher
@DrPriztopher Жыл бұрын
Never knew about any of this!
@MrVedude
@MrVedude Жыл бұрын
Mr. Beat, can you do a video on Gonzales v. Raich? That was another Commerce Clause case but on medical marijuana. Interestingly, Scalia and Kennedy flipped on that case and took the government's position
@alonkatz4633
@alonkatz4633 Жыл бұрын
And we're all worse for it
@davidoberle9023
@davidoberle9023 Жыл бұрын
Yay! Less power in the Federal Government!
@harelartzi2581
@harelartzi2581 Жыл бұрын
I highly recommend you cover INS v Chadha. It played a huge role in strengthening the power of the President and it's one of the most underrated cases in my humble opinion
@josephwheeler1
@josephwheeler1 Жыл бұрын
You know if you have to go to court it cost you a lot of money and a lot of time. If you lose there's usually some kind of a punishment involved like you go to jail or someone successfully sues you so you have to pay them a lot of money. But when the government goes to court and they lose they just say whoops and scratch out the law. We're seeing this happen today a lot where a certain gun laws deemed unconstitutional until State pass a lot more laws that probably are also unconstitutional. The problem is they got to go to court for every single one. I think people seem to forget that your neighbors not taking your rights from you but the government is. Things that happen in government schools that are not right are literally happening because the government is pushing them on you. The Constitution says you can have a gun and it's the government who's trying to say you can't. People should realize the government is not their friend. I'm all for small government and especially localized government.
@gove4103
@gove4103 Жыл бұрын
Small correction, the Federal Government didn't lose power. It never had it because it was never granted by the Constitution. The federal government only has the power granted to it by the Constitution. Everything else is inherent in the states or the people.
@jimmyLM27
@jimmyLM27 Жыл бұрын
My favorite series! Thanks mr. Beat!
@paytonyoder1260
@paytonyoder1260 Жыл бұрын
1:20 The Gun Free School Zones Act, otherwise known as, The “let’s tell the bad people that we aren’t armed and hope they don’t come here” act.
@gokublack8342
@gokublack8342 Жыл бұрын
I hope they follow that law...not like all the other laws they probably broke having that firearm in the first place... (Alot of school shootings were done by ppl that weren't supposed to have guns anyway but yes if we make more laws maybe they'll follow one :P) Edit: Shooting people is also illegal and that didn't stop any of the other school shooters....hmm I'm sure another law will make all the difference! 😂
@paytonyoder1260
@paytonyoder1260 Жыл бұрын
@@gokublack8342 they will follow that law, to pick out where they are going to target.
@gokublack8342
@gokublack8342 Жыл бұрын
@paytonyoder1260 Yes I suppose it's like a painting a target on your back saying "Shoot me" 😂
@serity12682
@serity12682 Жыл бұрын
I love the Supreme Court briefs series, please keep it up. Thank you!! 😀
@qrzone8167
@qrzone8167 Жыл бұрын
So moral of the story, the biggest mistake of the original plaintiff was dropping the charges to go for a felony offence.
@The_Horizon
@The_Horizon Жыл бұрын
Never misspelling Mr Beast again
@CHANNELMOVED-c4n
@CHANNELMOVED-c4n Жыл бұрын
mr breast give me money
@HeisenbergFam
@HeisenbergFam Жыл бұрын
America really has a whole new school horror genre unlocked for kids
@wolu9456
@wolu9456 Жыл бұрын
yea they lock them in and no one has a weapon AND YOU'LL GET B**T f'ed when your sent to prison for attempting to save everyones life using violence. that's is the pigs don't shoot the hero in the back like that mall guy who killed that mass shooter before he went all killing spree.
@alterbr33d
@alterbr33d Жыл бұрын
At my school for the science fair a student brought a big rail gun he built to school. It was missing a component to make it work. Two guys layed it down on the table. They brought a little kitchen TV we could see trees then they fired it and the middle of the trees exploded and the top halves fell down. The teacher left and came back with the principal and a police officer, they watched the video and ordered everyone to leave, we had to go down to the end of the school property. The busses started coming and some sort of special police, bomb squad or maybe SWAT came, the busses took us home even though it wasn't the end of the school day. The student who built the rail gun, we didn't see him for the rest of the school year. His parents are wealthy and were paying for lawyers, he came back the next year. I have no idea what went down in the court room, I wonder if they cited anything like in this video.
@shelbyspeaks3287
@shelbyspeaks3287 Жыл бұрын
As a mexican i aspire to have a moustache that's just 2 patches of hair on the side of my lips one day...
@HungryLoki
@HungryLoki Жыл бұрын
It's insane that someone would go through all that trouble just because they're too lazy to go home and back out again just to sell a gun.
@williammurray1341
@williammurray1341 Жыл бұрын
Grew up with students and teachers having firearms at, around, and in schools. Never heard of a single shooting.
@Chuchel-hh6hq
@Chuchel-hh6hq Жыл бұрын
A "Gun Free Zone" sign is probably the most idiotic way to stop school shootings . Its like leaving a - "Doors are unlocked , knifes are in the kitchen" sign at your lawn before going to sleep .
@Slava_Ukraini1991
@Slava_Ukraini1991 Жыл бұрын
I disagree. a suicidal school shooter is going to run up to the school with rifle in hand but he sees the gun free zone sign. 6 months in jail is gonna scare him shitless.
@incognitoazzmobsta
@incognitoazzmobsta Жыл бұрын
@@Slava_Ukraini1991 nigga what?💀💀u gotta be joking..
@gramfero
@gramfero Жыл бұрын
@@Slava_Ukraini1991 doesn't seem to work so far If anything it seems to only encourage them since noone can stop them besides the police, who will shoot to kill anyway
@RoflcopterLamo
@RoflcopterLamo Жыл бұрын
@@Slava_Ukraini1991 Your right 6 months is a lot so no one would do that
@Stryfe52
@Stryfe52 Жыл бұрын
@@RoflcopterLamo did you know that 6 months is like 180 days
@mathieuleader8601
@mathieuleader8601 Жыл бұрын
I like how the Principal artwork you used looks like Mr. Slate from the Flintstones but how he would appear in the modern day
@ahefazajani2820
@ahefazajani2820 Жыл бұрын
Instead of commerce clause they should have used common sense clause.
@54032Zepol
@54032Zepol Жыл бұрын
Common sense?! that's against the law fifty years dungeon!
@nerdwisdomyo9563
@nerdwisdomyo9563 Жыл бұрын
I feel everything in the country is all about being economically competitive, you can’t just do something because it’s objectively good, it has to be about how to make money
@epicow_1973
@epicow_1973 Жыл бұрын
@@nerdwisdomyo9563 the entire world honestly.
@biruss
@biruss Жыл бұрын
That's not a clause
@nerdwisdomyo9563
@nerdwisdomyo9563 Жыл бұрын
@@epicow_1973 yeah, isn’t that one of the ideas of capitalism? Those who profit the most outcompete others, it’s supposed to bring down prices and lead to innovation but sometimes having a Society that only values profit can be pretty bad, like when it comes to education and safety
@bryanb3352
@bryanb3352 Жыл бұрын
Stevens also advocated for the repeal of 2A when he was no longer on the court so no surprise
@mighty_spirit8532
@mighty_spirit8532 Жыл бұрын
Yeah the descenting justices definitely tried to stretch the 10th amendment a bi thin on that one.
@ninapatalo
@ninapatalo Жыл бұрын
Thanks for the video Mr. Beat Can you make a video comparing Finland and Estonia or Romania and Hungary?
@jtgd
@jtgd Жыл бұрын
Wonders if this ages well or not Ok, so either he wielded the gun to sell, or to “defend” himself, if not “offend” other students with bullets. The intention determined the ruling.
@alonkatz4633
@alonkatz4633 Жыл бұрын
Selling a gun isn't protected by the 2nd amendment. The problem was he didn't actually get to sell it, and you can rarely arrest someone for intentions. Same thing with the intention of murdering people...
@Fantastic_Mr_Fox
@Fantastic_Mr_Fox Жыл бұрын
And you can't presume someone's intentions...
@Veltrosstho
@Veltrosstho Жыл бұрын
Ergo you shouldn't think people with guns are bad guys.
@SpeedUpThatComputer
@SpeedUpThatComputer Жыл бұрын
The 4 who opposed seriously should have been disbarred. They forget that the second amendment exists. To say the commerce clause means firearms can be banned anywhere is to nullify the second amendment which applies everywhere in the union of states. The problem i find is it doesn't state either only the federal congress or all congresses under this union shall make no law infringing the right to bear arms. If a certain supreme court that is left leaning politically wanted to they could rule this as an interpretation: "Since it says "congress" it only means the federal congress not the congress of every state in the union therefore it is constitutional for laws banning guns to be present in the states but not in the federal government. The constitution also says that it is the supreme law of the land but this is not over all land, only federal land. It does not rule over state land therefore it could be stated all rights within the constitution do not apply on these other lands that are not federal lands."
@blackpirate2749
@blackpirate2749 Жыл бұрын
This is America, guns in my area
@sidwilson6171
@sidwilson6171 Жыл бұрын
I got the strap I gotta carry 'em
@cccalennn
@cccalennn Жыл бұрын
@@sidwilson6171 yeah yeah imma go into this, yeah yeah this is guerrilla whoo
@jeffdege4786
@jeffdege4786 Жыл бұрын
What's not mentioned is that Congress immediately repassed the law after adding "because it affects interstate commerce".
@janhanchenmichelsen2627
@janhanchenmichelsen2627 Жыл бұрын
Wow. "Don’t bring guns to school, It’s bad for business". While I, as a European (and, BTW, former keeper of a Naval Home Guard service MP5 w/ammo), just shake my head in stunned disbelief over US gun culture, that was a far too desperate move by Congress.
@therealwattambor8347
@therealwattambor8347 Жыл бұрын
It’s very absurd. I was watching a video at how “uncomfortable” so many used to be over seeing people with ARs or AKs, but now they love seeing that because it represents American Freedom. I’ll say it until the day I die. I hunt and have a rifle at home for hunting. But if someone said I’d have to give it and the occasional hunt up to save a child from having a bullet go through them definitely, I’d give both and ask if they want the receipt for the gun. Like sweet Jesus Christ, it quite literally is commodity fetishism.
@slugoo6474
@slugoo6474 Жыл бұрын
@@therealwattambor8347 yeah but you aren’t everyone else. A gun represents the ability to defend ones self. That cant be taken away.
@realpunkfruit
@realpunkfruit Жыл бұрын
@@therealwattambor8347 cuckoldry goes far and wide i see
@andrewcrandall2825
@andrewcrandall2825 Жыл бұрын
@@therealwattambor8347why would you giving up your gun prevent a child from getting shot ? Are you the one shooting the kid ? The criminal is still gonna get the gun , now you’ve taken your right to defend that kid . I wont give my guns up unless I’m dead
@therealwattambor8347
@therealwattambor8347 Жыл бұрын
@@slugoo6474 So, defend from absolutely what? Because I don’t think walking into a public place with an assault rifle is doing anything but fueling my own and other’s paranoia. I will say however that, in stark contrast to you. I’m not emotionally fragile, so I’m just going to leave it at that so you don’t turn the poor man above’s comment section a war ground
@jamiepatterson1214
@jamiepatterson1214 Жыл бұрын
Given the current atmosphere about guns at schools, Lopez was stupid to take that .38 to school. Back in the day when almost every pickup truck in a school parking lot had several rifles in the gun racks within the pickup trucks, no one would have said much had he brought it to school then. But attitudes have changed and having schools as gun free zones has done a lot of good keeping students safe. Just ask those no longer with us today.
@MadsBoldingMusic
@MadsBoldingMusic Жыл бұрын
Having to find justification in the constitution of a country for why guns should not be brought to school in order to make a legal case against it is really strange to me. It's almost like the constitution is revered as a sacred document with unique foresight on the human condition or something.
@iammrbeat
@iammrbeat Жыл бұрын
Heh heh
@donaldwobamajr6550
@donaldwobamajr6550 Жыл бұрын
I think you’re deliberately misinterpreting this case. It’s not a question of whether guns should be brought into schools, it’s about whether the power to regulate it is a federal or state power.
@MadsBoldingMusic
@MadsBoldingMusic Жыл бұрын
​@@donaldwobamajr6550 Call me old fashioned, but I find it highly appropriate for the federal government of the US to be able to legislate against the presence of guns in schools. There are plenty of federal crimes already; add this one to the list. Politics is a tool for solving problems; let's solve the problem.
@donaldwobamajr6550
@donaldwobamajr6550 Жыл бұрын
@@MadsBoldingMusic Your “screw government institutions and separation of powers, give me what I want” attitude is how liberties die. If you want to solve the problem, solve it at the state level. You are one of the people who doesn’t give a damn about democracy except as a means of obtaining power.
@breklaberif7553
@breklaberif7553 Жыл бұрын
​@@MadsBoldingMusic it's already illegal for most people under 18 (most school goers) to own guns anyways. The only people who would be bringing guns to school would be responsible gun owning adults. Most school kids die from car accidents and suicide anyways, the proportion of school shooting deaths are extremely rare.
@atrevolutionwiththomaspain68
@atrevolutionwiththomaspain68 Жыл бұрын
Hii, great video. Have you considered doing a Supreme Court Brief for the UK cases?
@tapanimationsz
@tapanimationsz Жыл бұрын
Man its crazy!
@nerdwisdomyo9563
@nerdwisdomyo9563 Жыл бұрын
Most reasonable response ever
@Compucles
@Compucles Жыл бұрын
Seeing as there was also a state law against it, he was still guilty despite the 10th Amendment. Or did the double jeopardy clause of the 5th Amendment apply, since that charge had already been dropped? Come to think of it, does double jeopardy apply for initially dropped charges that didn't actually go to court?
@jairozapata7297
@jairozapata7297 Жыл бұрын
I wonder how this case would’ve been called if it had happened after columbine
@jessewilson8676
@jessewilson8676 Жыл бұрын
Back when I was in high school (long time ago) my shop teacher required that we always had a pocket knife on us at all times failure to do so could cost you dentin (picking up trash alongside roads)He would often challenge (like military challenge coin).. then we had a project to redo a gun stock and every boy in my high school class (graduation class 9 people) had to bring an old riffle to shop class. Yes I am old.
@dylantaylor3139
@dylantaylor3139 Жыл бұрын
I feel we need an amendment that clarifies the commerce clause and grants Congress more, but very clear, authorities.
@stevenbryant3055
@stevenbryant3055 Жыл бұрын
It’s such a “terrifying” thing today but roughly 10 years before his issue there were still sport shooting programs in some schools across the country
@beast888100
@beast888100 Жыл бұрын
Happy this case turned out like it did! That was such an overreach.
@sonicboy678
@sonicboy678 Жыл бұрын
In what way?
@jared1964
@jared1964 Жыл бұрын
@@sonicboy678 Good question. It is a very important component when reviewing this case.
@peixeserra9116
@peixeserra9116 6 ай бұрын
It's a weird one for me. On one hand, it followed the Constitution to a T, as it should. On the other, it just shows how incredibly disfunctional and complicated US law can be, when the issue can be solved much easier.
@arjunaadjinna
@arjunaadjinna Жыл бұрын
Lmao the sample of Senator Kennedy's "violent crime" was exceptionally placed. That earned my like 🤣
@NaughtyKlaus
@NaughtyKlaus Жыл бұрын
I think teachers in the minimum should have the right to have concealed firearms in a locked safe on premises so long as other staff are aware of it's presence. This would allow teachers to be able to safely arm themselves in the case of a mass shooting event. Never should anyone have to wait for police to be protected.
@Compucles
@Compucles Жыл бұрын
I'd rather the teachers not go out of their way to endanger themselves like that. If there are going to be locked guns on campus as a counter to school shooters, the school should just hire trained security guards to use them in such an emergency.
@peixeserra9116
@peixeserra9116 6 ай бұрын
1- That's stupid and kind of impractical, specially since mass shootings happen on a whim. 2- Schools are notorious for cases of child abuse, arming teachers sounds like a very easy way to make that even worse. 3- It still doesn't adress the issue which is the origin of the mass shooters to begin with. The equivalent of having to build up walls around your house as a "solution" to crime.
@Whitepandemic
@Whitepandemic Жыл бұрын
Tells you a lot about gun laws and the people behind them. Remember that.
@forthehaulofit
@forthehaulofit Жыл бұрын
It would be really neat if you could do a collaboration with Legal Eagle channel for one of these at some point. 🙂 Interesting how the commerce clause got all mixed up in this...
@OpinionesDeJACCsOpinions
@OpinionesDeJACCsOpinions Жыл бұрын
That would be so cool!
@andres-zc2xd
@andres-zc2xd Жыл бұрын
one of my favorites thank you mr beat!
@AA712Beam
@AA712Beam Жыл бұрын
I do agree that the commerce clause had nothing to do with this, but i do thing it should still be illegal to have guns on school property
@Fantastic_Mr_Fox
@Fantastic_Mr_Fox Жыл бұрын
It is, in most schools. Doesn't seem to stop school shooters. It's almost as if criminals don't care about the law. Why make it easy to go shoot st armed victims, when we can make it eash to go shoot unarmed victimes, eh?
@mrroger-t6m
@mrroger-t6m Жыл бұрын
Guns don't kill people
@AA712Beam
@AA712Beam Жыл бұрын
@@mrroger-t6m u are correct, but I have a quote for you "Guns Don't Kill People, People Do, BUT THE GUNS F*CKIN HELP" Guns are the problem, literally look anywhere else in the world which has stricter gun laws, weird how stricter gun laws = less shooting right? Almost like it works, or is that just a coincidence?
@Veltrosstho
@Veltrosstho Жыл бұрын
Why?
@AA712Beam
@AA712Beam Жыл бұрын
@@Veltrosstho because there's no a reason a gun should be at a place full of children, because America has a shooting problem so guns at schools just isn't a good thing No reason for kids to bring guns to school, no reason for anyone to bring guns unless it's the police tryna take care of a active school shooter
@philliphessel6788
@philliphessel6788 Жыл бұрын
What actually gets ruled as over-reaching with the commerce clause seems - as with treatment of other precedent - to depend greatly on the agenda of the Court’s majority. The notion that the Justices are above politics is pretty dubious; a more realistic view is that what we get in judicial appointments is among the consequences of elections.
@drewbeirn7704
@drewbeirn7704 Жыл бұрын
Back in the day my grandfather and his friends used to bring in his shotguns and the ducks he shot and clean them in the highschool showers. We have come a long way from public places being for the public. Most schools now are based on prison blueprints... That should tell you something.
@a1_trillz
@a1_trillz Жыл бұрын
Your videos are a lifesaver over here in the UK. We need to know SCOTUS cases for A Level Government and Politics especially for Paper 2
@66666Dr
@66666Dr Жыл бұрын
Hey Mr. Beat. Love your videos. They taught me a lot about U.S. history and law. I wonder why you support the right to gun ownership, as you said in some interviews? I live in Germany where private gun ownership is super prohibited, excepted in case for sporting or federally approved hunting to maintain forests. I don´t feel less free or in any way restrained by the hurdles attached to gun ownership in my country. I don´t think loosening regulations on firearms (in Germany) would ad to my freedom as a citizen in anyway. I feel somewhat more free and secure with the certainty that really no one I meet on the street has a gun.
@tylerbytendorp3814
@tylerbytendorp3814 Жыл бұрын
So I’m an American who conceal carries a pistol, even on public school property. In my state, it is legal with a permit, and that permit is not difficult to obtain. Laws vary greatly from state to state. Also I’ve never been out of country, so I lack some perspective. Gun rights advocates don’t usually focus on your point. And Americans usually have a different perspective on “freedom.” In so far that I am allowed to do something that you are not, I am more free. I can go to a range and have fun shooting. I have many times. However, practically/pragmatically speaking, I would say there is little difference. Most firearm carriers never need to use their gun defensively, which is what gun rights advocates usually focus on. However, I have the right to one if I do need it for defense. The US is mostly safe. Most violence here is very highly concentrated; nearly half of the country has 0 violence. So to the second perspective on freedom, gun rights provide a much better option for personal defense, but It’s an option I will probably never need. But still I carry a gun just like I carry my wallet or phone. To address your last point, America is in a very different position regarding guns because of how many are here. There are more guns than people. However, only about 30% own them. Eradication of guns is not feasible for some reasons. 1 the number. 2. Guns are surprisingly not that difficult to manufacture. There are cases of people making guns in their garages that were adopted by the military. So an experienced smith can literally make military grade weapons. Additionally, primitive guns can be assembled in less than an hour with ordinary parts from a hardware store. Lookup slamfire shotguns. Further, there was the assassination of former PM of Japan last year with a ramshackel short barrel shotgun. And then theres 3D printing and blah blah blah. While ownership rates may certainly be lower when it is illegal, they almost certainly exist and just go unnoticed. Returning to the main point, I doubt there is a substantial difference in the feeling of freedom, especially in day to day life. The primary difference being in the back of my mind, i know i can own it. Srry for long comment. And this is just my thoughts. Theres much more that could be added. Im not trying to persuade if guns should be legal, only compare freedoms of each case.
@generic_tough_guy.4830
@generic_tough_guy.4830 Жыл бұрын
Murica, they're fun AF and protect not only yourself but to ensure our resistance to a tyrannical government. As A German you should understand Better than anyone since the first thing the moustache did was take your guns away
@capitcha
@capitcha Жыл бұрын
The situation with safety in Germany may not be the same as the way it is in America. You may feel safe because no one has a gun at all, but over here it is different. There are more guns than people, and there are many guns that are unregistered out in the streets. I live in California and even though gun laws are tighter than other states, it doesn’t mean that guns are completely gone. You can take guns away from law abiding citizens but criminals don’t follow laws, so therefore they’re not going to willingly go to a gun buyback stand. Gun control will only work if there is guaranteed nobody with a gun and bad intentions, but that’s not the world we live in unfortunately. So unless someone figures out how to solve the worlds problems, I will continue to carry for safety.
@bower31
@bower31 Жыл бұрын
Part of the issue when it comes to "Why do you feel X is OK in the US in my country Y we very much dislike this" is that the US is culturally very very very very very very different from literally any other place on earth. The case above is a good example, legal regulation of whether bringing a gun to a public school ends up as a debate on commerce not safety. Americans would rather have less safety and more risk if it allows them more freedom. In general most americans, on both sides of politics, dislike government in general. You would be hard pressed to find someone that is going to claim they wish there was more government overall. Make new laws? Sure. Have more governing authority, no. the right to bear arms is also so deeply engrained in the US as a tenant of life, that it's just impossible to remove. A great example is that even some of the strongest gun control proponent argue people should have guns to defend themselves and hunt. Which is nearly opposite logic of most other restrictive countries where self defense is not a valid reason to own a gun ever. Overall anything like this boils down to the fact that comparing the US to literally anywhere else is nearly impossible just because of severely different cultural mindset. As well my personal opinion on the matter being the government, federal especially, has nearly no business in what an individual person does. They should have next to zero power, and especially no police authority over the public. Also the other realistic point to be made is there are something like 400 million estimated firearms in the US. It is just not humanly feasible to do anything about that, especially when it's considered something like 80% of them are not registered or tracked in any way.
@generic_tough_guy.4830
@generic_tough_guy.4830 Жыл бұрын
@@bower31 okay thanks for sharing but a few nitpicks. 1. Idfk why this became a commerce trial it's really really weird. 2. Most gun control advocates do want all weaponry banned but more "moderate" ones start with the scary black guns then work their way down. 3. The reason we keep our guns is for self defense and due to our inalienable rights. If you look statistically there's a huge number of self defense shootings a year. With such a huge and diverse country there's a SHITTON OF criminals and violent people everywhere, it's inevitable. The cops aren't reliable simply due to reaction time, of they can't get there in time your options are to defend yourself or try to run and when you or your family's lives are in danger you fucking fight. Other countries if you defend yourself you're charged with murder even if the guy is trying to kill you. Many here pride ourselves with our freedom and our willingness to defend it and ourselves. If they try taking our shit fully it'll be a revolution.
@BasketcaseSoftware
@BasketcaseSoftware Жыл бұрын
Hey! The high school was John Jay High School. Yeah, named after the first U.S. Supreme Court chief justice. I almost went to that high school in fact. I also studied that case for as a legal researcher and analyst.
@CJ-tb2sd
@CJ-tb2sd Жыл бұрын
Mr beat can you do brown v entertainment merchants association
@alonkatz4633
@alonkatz4633 Жыл бұрын
I second that. It's an overlooked decision, and one of my favorites. My only concern is that any video about it might get demonetized instantly...
@Lastbornschwab7
@Lastbornschwab7 Жыл бұрын
One of the many unfortunate decisions of the supreme court. Its a completely sound argument that guns can have an effect on interstate commerce. Just look at how people buy homes or choose schools for their children. You can look at crime statistics for an area before ever setting food in a city. More gun crimes could very easily lead to less economic activity. This would include school related incidents.
@mrnarwhal2600
@mrnarwhal2600 Жыл бұрын
Give me money mrbreast
@elDodo809
@elDodo809 Жыл бұрын
I miss these videos! They're amazing and I'm not even from the US haha. You are an excellent jurisprudence teacher haha, awesome
@TaliyahP
@TaliyahP Жыл бұрын
I'm very much pro-gun control, but the federal government hilariously tried to reach with their arguments on this one. I'm surpised it was as close as it was cause I personally would've sided with Lopez if I was a justice.
@xryphon
@xryphon Жыл бұрын
If they had utilized another law instead of the Commerce Clause then this probably would've went the other way
@cgmason7568
@cgmason7568 Жыл бұрын
​@@xryphondoubtful, especially now gun laws have to pass text, history, and tradition
@hellishcyberdemon7112
@hellishcyberdemon7112 Жыл бұрын
Why are you Very Much pro gun control? do you trust the government to save you in your time of need?
@TheSensationalMr.Science
@TheSensationalMr.Science Жыл бұрын
2:10 ah the "public needs" doctrine... or how it really is: the "shut-up peasant!" doctrine. when did public need enter the debate on law again? it is whether it is legal or not... not needed or not. Hope you have a great day & Safe Travels!
@lennoxt.anderson8966
@lennoxt.anderson8966 Жыл бұрын
Nice Video
@iammrbeat
@iammrbeat Жыл бұрын
Thanks Lennox!
@Ikamara21
@Ikamara21 Жыл бұрын
How is this comment from 3 days ago if it’s just 1 minute old?
@JediSimpson
@JediSimpson Жыл бұрын
@@Ikamara21 - The video was unlisted. I’m assuming that Lennox is a Patreon patron of Matt’s, so he got the link to the video before it was published for all.
@slouch186
@slouch186 Жыл бұрын
I'm shocked that there isn't anything more relevant than the commerce clause for this case. I looked it up and it turns out that murder isn't even federally illegal unless it occurs as part of another federal crime or on federal property. wild!
@Hisnitch
@Hisnitch Жыл бұрын
Yes, because the way feds work means that more often not, the feds have no jurisdiction in anything unless it's crossing state lines or the local/state asks for assistance, which is largely just how the states like it.
@Woodside235
@Woodside235 Жыл бұрын
That's how it's supposed to work. States are supposed to handle their own business.
@bower31
@bower31 Жыл бұрын
Yes the design is that the US government has basically no power over nearly anything
@ShihammeDarc
@ShihammeDarc Жыл бұрын
I don't know, but if you want to make bringing guns to school illegal surely there is a better way than invoking a commerce clause lol. 10th amendment ftw.
@nerdwisdomyo9563
@nerdwisdomyo9563 Жыл бұрын
Yeah I’d imagine safety would be the main focus
@Veltrosstho
@Veltrosstho Жыл бұрын
If they cared about safety, they should take some of that defense budget for schools. Oh wait, teachers aren't worth paying. 😅
@nerdwisdomyo9563
@nerdwisdomyo9563 Жыл бұрын
@@Veltrosstho yeah that’s fair
@jeffreyyoung4104
@jeffreyyoung4104 Жыл бұрын
Shall not be infringed. So the government allows for certain places to be crime zones by excluding the citizens their right to defend themselves by carrying firearms? Yet the very same government employees carry firearms EVERYWHERE THEY GO? Equal protection under the law should apply to ALL citizens, in or out of government employment.
@edgarhilbert4797
@edgarhilbert4797 Жыл бұрын
Rule of Law.
@peixeserra9116
@peixeserra9116 6 ай бұрын
To counter your argument: The State has the monopoly of violence. Any action taken by the state is one based on or backed by violence, even if they're benevolent and objectively good. So yes, they have more reason than anyone to be strapped all the time. Doesn't mean they should be walking around as well equipped as a smaller nation's equivalent to a professional soldier, though.
@jeffreyyoung4104
@jeffreyyoung4104 6 ай бұрын
@@peixeserra9116 With body armor and automatic weapons, just to answer a butt dialed 911 call from a kid playing WOW, or something, and he says he killed two guys, then hangs up...
@peixeserra9116
@peixeserra9116 6 ай бұрын
@@jeffreyyoung4104 That's not the point I was making. A person using a gun to protect themselves is one thing. The other is knowing that if you disobey the Federal and/or your State constitution, there'll be a fresh number of troopers to harass you. And if you kill one, there'll be even more coming to get you. Because they're the ones who we choose to enforce the rules. That's what the State Monopoly of Violence means.
@jeffreyyoung4104
@jeffreyyoung4104 6 ай бұрын
@@peixeserra9116 The supreme court has upheld the use of lethal force to protect yourself and others from rouge cops who are out to murder you. The supremes agree that cops are nothing more than regular people who can commit crimes just like any other person.
@JapanesePiano1
@JapanesePiano1 Жыл бұрын
I can see why people would not want guns near schools, but I feel like people who plan to do bad things with a gun at a school will only appreciate there being a 'gun free-zone.'
@EpicuriousGeorge
@EpicuriousGeorge Жыл бұрын
So instead of mass shootings we can place kids in a shootout instead? yeah that's a really great idea, thanks for contributing Einstein
@Dsworddance22
@Dsworddance22 Жыл бұрын
Not a good argument because schools typically have resources officers who do have guns. Plus, shooters would still have to deal with police even if a school has no guns in the event of a shooting.
@SuperNeos2
@SuperNeos2 Жыл бұрын
@@Dsworddance22 Oh yeah they have about fifteen minutes to shoot until the cops decide to come and maybe do something about it if they even do something. This is why you need armed security at all schools. We protect the crooked fucks in DC with weapons, why not our children?
@JapanesePiano1
@JapanesePiano1 Жыл бұрын
@@Dsworddance22 It doesn’t take long for a shooter to kill many. Less than 50% of schools have armed resource officers and recent shootings should be a good example on why waiting for a police response isn’t always the safest option.
@Dsworddance22
@Dsworddance22 Жыл бұрын
@@JapanesePiano1 I get your point but I'm not sure if addressing gun free zones (or having armed personnel) is effective at tackling gun violence. For example, armed resource officers were present during the Columbine and Parkland shootings but did little to save lives. Armed personnel were present during the Louisville bank shooting and Allen TX mall shooting but still did not stop the shooter from killing handful of innocent people (or deter the shooting to begin with). On a broader point, "good guys with guns" is not a practical solution because most mass shooters are prepared to die.
@abstractyouth
@abstractyouth Жыл бұрын
Life’s simple: When Mr. Beat posts, you watch.
@tardlyfe3571
@tardlyfe3571 Жыл бұрын
Wait, does this mean that congress can only make laws that are related to interstate commerce? So a federal law saying busses have to stop at railroad tracks within a state would be unconstitutional?
@54032Zepol
@54032Zepol Жыл бұрын
Unless the states ratified the law itself right?
@88keys81
@88keys81 Жыл бұрын
I mean Congress can pass laws to get taxes, print money, build a navy, declare war... lots of stuff. But when it comes to regulating things and creating social programs, they do often rely on the interstate commerce power and hope the courts will agree. That said, probably anything involving railroad tracks would qualify as regulating interstate commerce.
@Bawhoppen
@Bawhoppen Жыл бұрын
Article 1 of the US Constitution defines several powers for the Congress- Section 8 lists out explicitly what these (mostly) are: ===== --The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; --To borrow Money on the credit of the United States; --To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; --To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; --To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; --To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; --To establish Post Offices and post Roads; --To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; --To constitute Tribunals inferior to the supreme Court; --To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; --To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; --To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; --To provide and maintain a Navy; --To make Rules for the Government and Regulation of the land and naval Forces; --To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; --To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; --To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;-And --To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. ===== If Congress makes a law pertaining to these, which does not violate any other aspect of the Constitution or Bill of Rights, then it is valid federal law. The Commerce Clause here is just the justification most commonly used, since economic matters are very dynamic with many moving parts, so it can be used quite broadly. However, relating to your question, there is more power by the Federal Govt. than implied here. In your example, if a state made a law solely relating to their internal traffic rules, with no crossing of borders by any element, then the state should have the power to do so in theory. Yet in practice, the Federal Govt. creates numerous standards and policies they want to see adopted by states. To ensure compliance, since they are one of the largest funders to the states, they withhold funding if the states refuse to comply. This provides them with a great deal further influence than their powers explicitly provided are. This is how the Federal Govt. has such influence of educational policy, despite not having any constitutional authority to regulate it.
@abrahamlincoln937
@abrahamlincoln937 Жыл бұрын
Great video, Mr. Beat! You are so close to 800,000 subscribers!
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