McCulloch v. Maryland & US v. Lopez

US v lopez

Background - 1992, a student brings a revolver into school to sell. He is charged at the state level for brining a gun to school

gun-free school zone act

elevates defendants punishment to a federal charge as well

US v lopez

Central Question: is the Gun-Free School Zone Act an overreach of Congressional Power under the Commerce Clause? 

Us v lopez

Case - US government argued that policing school zones is needed under the Commerce Clause due to poor schools equaling less commerce, defendant argued that this was an overreach of federal power since schools are run by the state 

US v lopez

Verdict - defendant wins, and the Gun-Free School Zone Act was deemed unconstitutional, limiting focus of Commerce Clause to…

• Channels of interstate commerce

• Instruments of Interstate Commerce

• Activities that affect commerce

Channels of interstate Commerce

where you move things 

Instruments of Interstate Commerce

actual tools used to move things

Activities that affect commerce

process of selling things across state lines

mcculloch v maryland

Background - 1816, Congress approves the 2nd Bank of the US. 1818, Maryalnd passes a stamp tax on all banks that don’t originate in Maryland and if refused, the bank is fined/shut down 

• he (ran the bank) refused. He is sued by the state and loses, then appeals to the SC 

• First case that focused on the relationship between federal and state governments 

mcculloch v maryland

Central Questions - can Congress create a bank? Can states tax these banks?

mcculloch v maryland

Verdict - the Supreme Court sides with him, John Marshall argues that while the Constitution never uses the word “bank,” under the Necessary and Proper Clause Congress can create a bank since they have the power to print and borrow money

• States cannot interfere with the functions of the federal government