US v Lopez: FRF Flashcards
Backstory of US v Lopez case
Alfonso lopez brought a gun to school, sent to jail by state, next day state charges for Lopez dropped and federal charges got placed
gun free school zones act
no guns are allowed on school campus
enumerated powers
powers given to Congress `
reserved powers
powers reserved to the states
interstate commerce clause
Congress has the authority to “regulate commerce with foreign nations, and AMONG THE SEVERAL STATES
US argument
guns in school are related to interstate commerce clause because guns lead to violence, which lead people away, negatively affecting commerce
Lopez argument
argued that gun regulation on school property is a power RESERVED to the states (the connection between commerce clause and gun violence is weak at best, tyrannical at worst)
Lopez won in a
5-4 decision
Court ruled in favor of
STATE power over federal power
If congress can use commerce clause to regulate guns on school property then…
what can’t they regulate with commerce clause? (could be too powerful, not good)
This case is about
- federalism
- balance of power between state and federal government