Monday, February 16, 2009

Good Laws Gone Bad

I hope you are enjoying the Commerce Clause, because we're still not done with it. Congress seems to try and use this clause to pass everything under the sun. You can almost imagine SCOTUS saying, "These are great laws, but this is none of the federal government's business. Let the states handle this themselves."

United States v. Lopez (1995)

Facts
The Gun-Free School Zones Act of 1990 banned possession of a gun within 1000 feet of a school. Congress passed this law under the Commerce Clause. They reasoned that guns affect education, and education affects commerce. Lopez, a high school senior in Texas, brought a gun to school.

Question
Can Congress use the Commerce Clause to regulate the carrying of guns in school?

Holding
No

Reasoning
Congress may regulate activities that have a substantial relationship to interstate commerce. This is not an interstate issue. This is not an economic issue. Education is the business of local and state governments. We don't want to federalize schools and everything within 1000 feet of them.

And the winner is...
Lopez

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