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Gun Free School Zone Act Case Study

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TQ 3.1: In Lopez, why did Court find the Gun-Free School Zone Act to be unconstitutional? How could (and did) Congress remedy the Gun-Free School Zone Act? Why did this change to the law make it compliant with the Commerce Clause?

For the first time in decades, the 1995 Lopez decision finally reigned in the Congress’s misuse of the Commerce Clause to create almost any federal law it wished usurping state sovereignty. In this decision, the teenager who was arrested and charged under the Federal School Gun Free School Zones Act of 1990 instead of a state charge challenged the law on the grounds that Congress’s use of the Commerce Clause to make a national gun law was an overreach. The Supreme Court agreed.

The Solicitor General argued that 1990 Gun-Free School Zones Act of 1990 affected commerce between the states in three ways. That guns in schools leads to criminal behavior thus raising insurance rates, and limits persons travelling to high crime areas to perform commerce, and that kids raised in areas of higher crime affects the economy overall. …show more content…
1. If it pertains to the channels of interstate commerce. 2. If it applies to the instrumentalities of interstate commerce to include persons or things. 3. If it pertains to activities that substantially affect/ relate to interstate commerce. The point, according to Justice Rehnquist, was to prevent Congress from usurping the policing powers of the states. The key is whether there is a substantial effect on interstate commerce verses an attenuated

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