United States v. Lopez

Date: April 26, 1995

Citation: 514 U.S. 549

Issues: Commerce clause; Tenth Amendment

Significance: The Supreme Court held that a federal statute was unconstitutional because Congress had overstepped its authority to regulate interstate commerce.

In 1990 Congress passed the Gun-free School Zone Act, making it a federal crime to possess a gun within one thousand feet of a school. After Alfonso Lopez, Jr., a high school student in Texas, was arrested for taking a handgun to school, he was tried under federal law because the federal penalties were greater than those under state law. A federal court of appeals found that the federal statute violated the Tenth Amendment. Most observers expected the Supreme Court to reverse the judgment because the Court in Garcia v. San Antonio Metropolitan Transit Authority (1985) had held that the scope of federal authority to regulate commerce was a political question to be decided by the political process rather than by the Courts.

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By a 5-4 vote, however, the Court upheld the ruling. Chief Justice William H. Rehnquist’s majority opinion reasoned that possession of guns near a school had noting to do with interstate commerce and that such an issue is traditionally a concern of local police power. As a principle, he wrote that Congress could regulate only “those activities that have a substantial relationship to interstate commerce.”

The Lopez decision appeared to mark a renaissance for the principle of dual sovereignty, which had largely been abandoned following Carter v. Carter Coal Co. (1936). It was not clear how far the trend would go, but the Court in Printz v. United States (1997) held that Congress had no power to force states to enforce federal regulations absent a particular constitutional authorization.