This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Amendment Of Us V Lopez In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
The government also argued that the disruptions to the learning environment created by guns in schools result in a less educated citizenry, negatively affecting commerce. The Supreme Court rejected the government's claim, holding that the law was not substantially related to commerce.
Lopez argues that section 922(q) exceeds Congress' delegated powers and violates the Tenth Amendment. The government counters that section 922(q) is a permissible exercise of Congress' power under the Commerce Clause.
In the end, the Court used Lopez to push back against some of the broadest assertions of congressional power under the Commerce Clause—reaffirming that the Constitution creates a national government with limited powers.
Lopez change the balance of power? United States v. Lopez shifted power away from the federal government, saying that only state governments had the authority to regulate gun control.
Lopez argues that section 922(q) exceeds Congress' delegated powers and violates the Tenth Amendment. The government counters that section 922(q) is a permissible exercise of Congress' power under the Commerce Clause.
Lopez, 514 U.S. 549 (1995) Gun possession is not an economic activity that has any impact on interstate commerce, whether direct or indirect, so the federal government cannot base a law prohibiting gun possession near schools on the Commerce Clause.
The Lopez Court emphasized that the Act did not fit into the other categories of Commerce Clause power and so “the proper test requires an analysis of whether the regulated activity “substantially affects” interstate commerce.” Lopez at 559.
In United States v. Lopez (1995), the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.
4.4 Commerce Clause and Tenth Amendment. Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
United States v. Lopez (1995), the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.
