United States v Lopez 1995 Congressional Action

United States v. Lopez (1995)

Congressional Action Gun-Free School Zone Act (1990) “Congress made it a federal offense ‘for any individual knowingly to possess a firearm…[in] a school zone. ”

Opinion of Court: “The ACT neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce. We hold that the Act exceeds the authority of Congress ‘to regulate Commerce…among the several states…’” (148) Federal Govt has enumerated powers: Const has defined powers, “Those which are to remain in the state govt are numerous and indefinite. ” (148) …

Commerce Clause “Constitution delegates to Congress the power ‘to regulate Commerce…among the several states…” (148)

Commerce Clause Established Limits on Commerce Clause “In Jones v. Laughlin (Steel Seizure) the court warned that the scope of the…commerce ‘must be considered in the light of our dual system of govt. ” It cannot be read to obliterate distinctions between national and local. (148) Test: “regulated activity” needs to “‘substantially affect’ interstate commerce. (148) Gun law is not related to interstate commerce… (149) …

Statutory Ruling Gun-Free School Zone Act “Is not a regulation of the use channels of interstate commerce, nor is it an attempt to prohibit the interstate transportation of a commodity through the channels of commerce…” (149)

Court and Congress Court has “upheld a wide variety of congressional Acts…[when]…the activity substantially affected interstate commerce. ” (149) “Examples include the regulation of interstate coal mining…restaurants utilizing substantial interstate supplies…inns and hotels catering to interstate guests…” (149) Courts has shown deference to the Congress… “We do not doubt that Congress has the authority under the Commerce Clause to regulate numerous commercial activities that substantially affect interstate commerce…(150)

Governments Argument: Government’s Argument: Guns result in violent crime, and violence effects economy in the following ways: 1) Crime costs a lot 2) Crime reduces willingness of people to travel to areas perceived to be unsafe. (149 -150) 3) Impairs the learning environment…which negatively impacts economy… (150) …

Court’s Response Govt’s Argument would lead nearly limitless federal power Govt’s argument, “under its cost of crime reasoning, ” would lead to a regulation of ALL violent crime, as well as ALL activities that might lead to violent crimes, and under its “national productivity reasoning” to the regulation of ALL activity related to economic productivity…”(150) “To uphold the govt’s contentions here” would be to invite a reading of the Commerce Clause that would lead to a “general police power of the sort retained by the states. ”

Court’s Response Court has granted Congress a lot of power –it has given great deference to congressional action…court is here declining to go any further. ” (150)