Question

Questions for U.S. v. Lopez
Please help on a history assignment

8. What do they use to determine whether the Commerce Clause applies to a particular activity?
9. What do the dissenters to the case use to determine whether the Commerce Clause applies to a particular activity?
10. Do you agree with the Court’s decision in U.S. v. Lopez? Why or why not?

Answer 1

8-was the first United States Supreme Court case since the New Deal to set limits to Congress' power under the Commerce Clause of the United States Constitution. The Supreme Court held that the federal Gun-Free School Zones Act of 1990, which banned possession of handguns near schools, was unconstitutional because it did not have a substantial impact on interstate commerce. After the Lopez decision, the act was amended to specifically only apply to guns that had been moved via interstate commerce.