U3 United States v. Lopez (1995)

Question 1

Central Clause of United States v. Lopez

Answer 1

Commerce Clause

Question 2

What instigated the United States v. Lopez case?

Answer 2

Congress passed Gun-Free School Zones Act (OFSZA) to reduce gun violence in and around schools using commerce clause. High school Senior Lopez carried weapons onto Texas public school campus and was arrested. He appealed saying Congress didn’t have the authority to make that act using the Commerce clause.

Question 3

United States v. Lopez Question:

Answer 3

Does Congress have the power to use the commerce clause to create GFSZA?

Question 4

United States v. Lopez Decision:

Answer 4

Lopez wins (5-4). Carrying gun on campus was NOT an economic activity and didn’t relate to interstate trade. SCOTUS ruled Congress stretched commerce powers too far.

Question 5

United States v. Lopez Dissenting Opinion:

Answer 5

Argued Commerce clause includes right to regulate local activity so long as activity significantly affects interstate commerce.

Question 6

United States v. Lopez Significance:

Answer 6

Example of “New Federalism” and limited national governments use of power.