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Amendment Of Us V Lopez In Travis
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State:
Multi-State
County:
Travis
Control #:
US-000280
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FAQ
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.
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.
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.
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; . . .
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. . . .
Lopez challenged his conviction, arguing that the law exceeded Congress's power under the Commerce Clause. In a five-to-four decision, the Supreme Court agreed with Lopez and struck down the law.
Final answer: The United States v. Lopez decision reflects a delegation of power from the federal government to state governments, thereby increasing state and local sovereignty.
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.