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Economic Regulation & Property

United States v. Lopez

Decided: 1995

In brief

First case in nearly sixty years to strike down a federal statute as exceeding Congress's Commerce Clause power.

The Court's ruling in depth

The Gun-Free School Zones Act made it a federal crime to possess a firearm within 1,000 feet of a school. Alfonso Lopez, a Texas high-school senior, was prosecuted after bringing a handgun to school. Chief Justice Rehnquist's opinion held that gun possession in a school zone is neither a channel of interstate commerce, nor an instrumentality, nor an activity that substantially affects interstate commerce. Allowing Congress to reach it 'would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States.' Lopez was the first Commerce Clause reversal since 1937 and, together with United States v. Morrison (2000) and NFIB v. Sebelius (2012), redefined the outer boundaries of federal regulatory power in the modern era.

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