United States v. Lopez

514 U.S. 549 · Supreme Court of the United States · 1995

Constitutional Law Assigned in 21 casebooks

Case brief summary

Rule

Congress can only make laws that fit powers listed in the Constitution. Its power over interstate business only covers activities with a real, strong connection to trade between states.

Facts

A high school student brought a concealed gun to his Texas school and was charged under a federal law banning guns near schools. He argued Congress had no power to pass that law.

Procedural history

A trial court convicted him, but the appeals court reversed, saying Congress overstepped its power because no link was shown between guns near schools and interstate business. The Supreme Court took the case.

Issue

Does the Commerce Clause, which lets Congress regulate trade and business activity between states, give Congress the power to make it a crime to possess a gun near a school?

Holding

No. The law exceeded Congress's power under the Commerce Clause because possessing a gun near a school is not an economic or commercial activity and has no required connection to interstate business.

Reasoning

The Court said Congress can regulate interstate transportation routes, things moving across state lines, and activities that substantially affect interstate business. Gun possession near a school is not itself a business transaction and the law did not require any proof that a particular gun had traveled across state lines or affected trade. Accepting the government's argument that crime affects the economy and therefore everything tied to crime can be regulated would let Congress regulate almost anything, erasing the line between federal and state power.

Opinions

Majority (Rehnquist): The gun law is not economic activity and has no link requirement to interstate commerce, so Congress lacked power to pass it.

Concurrences (Kennedy joined by O'Connor, and Thomas): Agreed the law is unconstitutional, with Kennedy stressing protecting the federal-state balance and Thomas arguing the commerce test has drifted too far from the Constitution's original meaning.

Dissent (Stevens): Guns are commercial products connected to markets, and Congress can regulate their possession to protect commerce.

Dissent (Souter): Courts should defer to Congress's reasonable judgments about commerce, and the majority's new commercial versus noncommercial distinction revives discredited old legal approaches.

Dissent (Breyer joined by Stevens, Souter, Ginsburg): Gun violence in schools harms education, which substantially affects the national economy, so Congress had a rational basis to regulate it.

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What specific conduct led to Lopez's federal prosecution?

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