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Amendment Of Us V Lopez In Franklin
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Multi-State
County:
Franklin
Control #:
US-000280
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FAQ
-In Gonzales v. Raich, the Supreme Court upheld the argument that because America operates under a system of federalism, the state law takes precedence over the federal law, whereas it struck down such a claim in United States v. Lopez.
Lopez preserved the system of federalism, which delegates certain powers to states and certain powers to the federal government.
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.
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.
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 (1995) marked the first time in more than 50 years that the Court limited Congress's commerce power. 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.
Explanation: The best summary of the decision in United States v. Lopez (1995) is that Congress cannot use the commerce clause to regulate the possession of firearms in public schools.
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.
4.4 Commerce Clause and Tenth Amendment.
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.