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Amendment Of Us V Lopez In Wake
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Multi-State
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Wake
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US-000280
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The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".
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.
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.
Constitutional Amendments – Amendment 10 – “Powers to the States or to the People” Amendment Ten to the Constitution was ratified on December 15, 1791.
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.
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 Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, among states, and with the Indian tribes.”
4.4 Commerce Clause and Tenth Amendment.
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.
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.