Is There a Judicially-Enforceable Limit to Congressional Power Under the Commerce Clause?

Abstract

In United States v. Lopez the Supreme Court struck down the Gun Free School Zones Act on the ground that the law making it a federal crime to possess a gun in or near a school exceeded the power of Congress under the Commerce Clause. This article argues that the real significance of Lopez is symbolic, the Court firing a warning shot across the bow of Congress, reminding everyone that the Federal Government is, at least in theory, a government of limited and enumerated powers. The article also argues that it was not unreasonable for the Supreme Court to strike down the Gun Free School Zones Act, even though the case is unlikely to lead to a major rethinking of the commerce power.