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Amendment Of Us V Lopez In San Diego
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San Diego
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US-000280
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FAQ
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.
4.4 Commerce Clause and Tenth Amendment.
United States v. Lopez (93-1260), 514 U.S. 549 (1995).
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.
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 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 Commerce Clause included the power to regulate local activities so long as those "significantly affect" interstate commerce.
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 McCulloch v. Maryland and United States v. Lopez, both cases dealt with the interpretation of the powers of the federal government. One similarity between the two cases is that they both involved the Supremacy Clause of the United States Constitution.
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.