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: 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
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