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.
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.
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 Yes. 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 (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.
Rehnquist, William H, and Supreme Court Of The United States. U.S. Reports: United States v. Lopez, 514 U.S. 549 .
Lopez preserved the system of federalism, which delegates certain powers to states and certain powers to the federal government.
United States v. Lopez (93-1260), 514 U.S. 549 (1995).
Related Cases Wickard v. Filburn, 317 U.S. 111 (1942). Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964). Katzenbach v. McClung, 379 U.S. 294 (1964). Maryland v. Wirtz, 392 U.S. 183 (1968). League of Cities v. Usery, 426 U.S. 183 (1968). Garcia v. Gregory v.
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 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.