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Amendment Of Us V Lopez In Miami-Dade
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Multi-State
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Miami-Dade
Control #:
US-000280
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Vs. Lopez case. This court case was significant because it was the first time since 1937 that the Supreme Court limited the interpretation of the Commerce Clause. This ruling also overturned a New Deal-era court case which gave Congress greater authority under the Clause.
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.
The constitutional clause that is common to both cases is the commerce clause, which says that the government can regulate interstate commerce. US v Lopez was a case in which a law was passed that said no guns in a school zone, based 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.
The Government argues that possession of a firearm in a school zone may result in violent crime and that violent crime can be expected to affect the functioning of the national economy in two ways.
The County Civil Division has jurisdiction over civil cases up to $50,000 and Small Claims cases with amounts up to $8,000.
Contact Clerk of the Court and Comptroller For general information, call 305-275-1155 for the Interactive Voice Response System.
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