Modern Debate Over the Commerce Clause:
The Case of United States v. Lopez (1995)
Note
to teachers: This case could be used as a mini-moot court
to assess students understanding of the issues in Gibbons
v. Ogden. Need instructions on how to conduct mini-moot
court hearings? Click here.
The text below can be used as background for the case.
In 1990, the U.S. Congress passed a major crime bill, which featured a section called the Gun-Free School Zones Act of 1990, forbidding "any individual knowingly to possess a firearm at a place that [he] knows . . . is a school zone," 18 U.S.C. 922(q)(1)(A). The act was passed amid concerns about violence, particularly gun violence, in the nation's schools.
When considering whether a new law should be passed, Congress not only has to consider whether the law is a good idea, but also whether the law is constitutional. When we say that the law is constitutional, we mean not only that the law itself is allowed by the U.S. Constitution, but also that Congress has the power to pass that law.
Most people certainly agreed that the Gun-Free School Zones Act of 1990 was a good idea. Guns in a school zone increase the likelihood that a young person will be seriously hurt or even killed. However, soon after the Gun-Free School Zones Act of 1990 was passed, there was a constitutional challenge to this law. On March 10, 1992, a twelfth-grade student named Lopez arrived at Edison High School in San Antonio, Texas with a concealed .38 caliber handgun and five bullets. After receiving an anonymous tip, school authorities confronted Lopez, who admitted that he was carrying the weapon. The next day, he was charged by federal prosecutors with violating the Gun-Free School Zones Act of 1990.
Lopez tried to get the case dismissed on the basis that the Gun-Free School Zones Act of 1990 violated the U.S. Constitution because Congress did not have the power under the Commerce Clause to pass such a law. The District Court denied his motion, stating that the Act was a constitutional exercise of Congress's power to regulate interstate commerce. Lopez was found guilty in the District Court and was sentenced to six months' imprisonment and two years of supervised release. The case was appealed to the Fifth Circuit Court of Appeals, which reversed the District Court's decision. The Court of Appeals held that the Gun-Free School Zones Act of 1990 was beyond Congress' power to regulate interstate commerce. The case was then appealed to the Supreme Court of the United States.
Considering Chief Justice Marshall's decision in the Gibbons v. Ogden case, as well as previous laws that have been passed relying on the Commerce Clause as their basis, what arguments could be made in favor of Lopez (the act is unconstitutional)? What arguments could be made in favor of the United States (the act is constitutional)?
Read an excerpt from the Court's decision in the case.
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