Amendment Of Us V Lopez In Maricopa
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FAQ
Lopez preserved the system of federalism, which delegates certain powers to states and certain powers to the federal government.
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.
5–4 decision The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.
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.
5–4 decision The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.
Final answer: The United States v. Lopez decision reflects a delegation of power from the federal government to state governments, thereby increasing state and local sovereignty.
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.
Lopez (1995) important? -It was the first time since the New Deal that the Supreme Court limited the power of Congress as outlined under the commerce clause. -It was the first time that the Court had used the Tenth Amendment to limit the power of Congress.
