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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
