Amendment Of Us V Lopez In Suffolk
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The Framers intended the Tenth Amendment to confirm that the federal government was a limited government of enumerated powers. Any powers the Constitution does not delegate to the federal government are reserved for state and local governments.
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.
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.
The issue in this case is whether the Commerce Clause authorizes Congress to enact a statute that makes it a crime to possess a gun in, or near, a school. . . . In my view, the statute falls well within the scope of the commerce power as this Court has understood that power over the last half century. . . .
Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . .
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. 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.
