Uploaded by Anne Shay

United States v. Lopez KEY SCOTUS SHEET AP GOV

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United States v. Lopez
BRIEF:
Background/Facts about the case:
The national government created the Gun-Free School Zones Act of 1990, claiming it was a
necessary and propeller means to regulate interstate commerce. A high school senior brought
a gun to school and was arrested and charged under the act which made it a federal crime to
knowingly possess a firearm in a school zone. The Federal District Court convicted Lopez, who
then appealed, saying the act was unconstitutional as it exceeded Congress’s power under the
Commerce Clause. The Fifth Circuit agreed and the Supreme Court accepted the case. The
national government argued that violent crimes results from gun ownership near schools,
causing economic costs nationwide.
Constitutional Question/Issue in the case:
Does the Commerce Clause enable Congress to prohibit gun ownership near schools?
Majority Holding/Decision of SCOTUS:
The Supreme Court found the act unconstitutional
Reasoning behind the decision:
Congress can exercise its commerce power over three broad categories, which were the
channels of interstate commerce, the instrumentalities of interstate commerce, and the
activities that substantially affect interstate commerce. Regulating gun possession near schools
did not fall under any of these three categories. The national government’s claim implied that
Congress’s commerce powers had no clear limit.
Impact/Result of the ruling:
The case was the first in half a century where the Supreme Court limited Congress’s power
under the Commerce Clause. The case dramatically redefined the balance between state and
federal power and laid the basis for future court rulings invalidating Congressional attempts to
regulate using their commerce power.
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