us v lopez

lopez

was charged with firearms possession at his high school in San antonio

gun free zones act of 1990

lopez was charged under the

lopez

appealed, arguing that Congress did not have the authority to pass the act under the commerce clause

question

does the gun free zones act violate congress’ authority under the commerce clause

question

are schools considered commerce

arguments for the United States

congress did have the authority to pass the gun free school zone act, due to the fact that having guns in school can have significant impacts on the economy

arguments for the United States

guns in school prevents students from learning completely, impacting the economy in the future

arguments for the United States

guns violence crimes have substatial costs and impact many people beyond the immediate

arguments for the United States

people may refuse to travel to states with gun violence crimes, which has economic impacts

arguments for Lopez

the GFSZA si not related to commerce, much less interstate commerce,

arguments for Lopez

guns in school are not economic activity, and are therefore beyond Congress’ ability to regulate

arguments for Lopez

if this is defined as interstate commerce then basically anything can be, which effectively removes limits on congress’ power

arguments for Lopez

this should be left to states to regulate, as different communities might need different standards

lopez

won in a 5-4 decision

congress

was determined to have exceed its authority under the commerce clause

congress

may only regulate channels of interstate commerce, including highways, waterways, and air traffic

congress

may only regulate people, machines, and things moving in, or used in carrying out, interstate commerce

congress

may only regulate economic activities that have a substantial effect on interstate commerece

us v lopez

lopez restricts the definition of the commerce clause, and limits congressional power

dissenting opinion

the effect of guns in schools has a significant net negative effect not he economy, even if that is not immediate and therefore Congress should be able to regulate it

dissenting opinion

safeguarding educationist a priority to the economy, and therefore Congress should be able to regulate it

dissenting opinion

the court should trust Congress when they make laws, as long as they have a rational basis for doing so