Do you think the national government has the power to prohibit the possession of firearms near schools Why or why not?

Do you think the national government has the power to prohibit the possession of firearms near schools Why or why not?

Answer: 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.

How did Congress remedy the gun-Free school zone Act?

The Fifth Circuit, in United States v. Lopez, struck down the Gun-Free School Zones Act as unconstitutional based on a new procedural requirement: prior to enacting a statute under the Commerce Clause, Congress must make findings which link the regulated activity to interstate commerce.

How did Congress connect the gun-Free school zone Act to the Commerce Clause?

Sen. Lopez that a federal law barring possession of a firearm near schools exceeded the commerce-clause power because the statute did not regulate commercial activity and did not require that the gun possession have a connection to interstate commerce. …

What was the constitutional question in US v Lopez?

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.

What argument has been used to justify gun-free school zones?

Writing for the majority, Chief Justice William Rehnquist argued that, because the Gun-Free School Zones Act was neither a regulation of the channels of interstate commerce nor an attempt to prohibit interstate transportation of a commodity through those channels, it could withstand judicial scrutiny only if it …

What argument has been used to justify gun free school zones?

Why did Lopez challenge his conviction?

Lopez challenged his conviction, arguing that the Gun Free School Zones Act was an unconstitutional exercise of Congress’s power. The government also argued that the disruptions to the learning environment created by guns in schools result in a less educated citizenry, negatively affecting commerce.

Why is the Gun Free school Zone Act unconstitutional?

…the Court ruled that the Gun-Free Zones Act (1990), which prohibited the possession of a firearm within 1,000 feet of a school, was unconstitutional because the measure “neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce.” In United …

Do you believe that the Gun Free School Zones Act of 1990 is constitutional or unconstitutional?

United States v. ruled (5–4) that the federal Gun-Free School Zones Act of 1990 was unconstitutional because the U.S. Congress, in enacting the legislation, had exceeded its authority under the commerce clause of the Constitution.