Lopez Has Some Merit

6 Pages Posted: 23 Apr 2012

Date Written: April 22, 1996

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, as a decision recognizing and reiterating the proposition that the Constitution creates “federalism,” a system in which the Federal Government has limited and enumerated powers, while the States alone enjoy traditional police powers.

Suggested Citation

McAllister, Stephen R., Lopez Has Some Merit (April 22, 1996). Kansas Journal of Law & Pubic Policy, Vol. 5, No. 9, 1996, Available at SSRN: https://ssrn.com/abstract=2044043

Stephen R. McAllister (Contact Author)

University of Kansas - School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States

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