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Amendment Of Us V Lopez In Pennsylvania
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US-000280
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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.
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 Lopez Court emphasized that the Act did not fit into the other categories of Commerce Clause power and so “the proper test requires an analysis of whether the regulated activity “substantially affects” interstate commerce.” Lopez at 559.
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.
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.
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 case of Goss v. Lopez was heard and decided by the Supreme Court in 1975. The argument given for the case concerned whether or not students have a right to due process in public education, where the action under review was student suspension.
Lopez was found guilty and sentenced to 6 months in prison and 2 years of probation.
United States v. Lopez (93-1260), 514 U.S. 549 (1995).
4.4 Commerce Clause and Tenth Amendment.
