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Amendment Of Us V Lopez In San Antonio
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Multi-State
City:
San Antonio
Control #:
US-000280
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Final answer: The United States v. Lopez decision reflects a delegation of power from the federal government to state governments, thereby increasing state and local sovereignty.
In United States v. Lopez (1995), the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.
Lopez challenged his conviction, arguing that the law exceeded Congress's power under the Commerce Clause. In a five-to-four decision, the Supreme Court agreed with Lopez and struck down the law.
United States v. Lopez (93-1260), 514 U.S. 549 (1995).
5–4 decision Yes. The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.
United States v. Lopez (1995), the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.
US v. Lopez was a landmark case as ruled that the federal government had exceeded its authority under the commerce clause.
The case of Goss v. Lopez was heard and decided by the Supreme Court in 1975. The argument given for the case concerned whether or not students have a right to due process in public education, where the action under review was student suspension.
Lopez argues that section 922(q) exceeds Congress' delegated powers and violates the Tenth Amendment. The government counters that section 922(q) is a permissible exercise of Congress' power under the Commerce Clause.
The Lopez Court emphasized that the Act did not fit into the other categories of Commerce Clause power and so “the proper test requires an analysis of whether the regulated activity “substantially affects” interstate commerce.” Lopez at 559.