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United States v. Lopez (93-1260), 514 U.S. 549 (1995).
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 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.
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.
Ing to the National Archives, “The Constitution might never have been ratified if the framers had not promised to add a Bill of Rights. The first 10 amendments to the Constitution gave citizens more confidence in the new government and contain many of today's Americans' most valued freedoms.”
The purpose of this amendment is to reaffirm the principles of federalism and reinforce the notion of the Federal Government maintaining only limited, enumerated powers.
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.
Without the Tenth Amendment an extreme issue could have arisen. The federal government could have continually gained more responsibility over time and subsequently diminished the power of the states. The Tenth Amendment cemented federalism and the division between these two parts of government permanently.
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.