FrontPage: Why is the commerce power a significant power of Congress

The Last Word: OL 6.2 due Friday

TESTING THE COMMERCE CLAUSE

Chapter 6, Section 1 Part 2

Consider the “commerce clause” found in Article 1, Section 8 of the Constitution…

The US Congress shall have the power…

3. To regulate Commerce with foreign Nations, and among the several States,

and with the Indian Tribes;

Define interstate commerce. Give an example of what you think might be

“interstate commerce”. Is this power limited at all?

Testing the Interstate Commerce clause

When trying to determine if Congress has the right to regulate a certain economic (commercial) activity, you can ask the following questions:

Is the activity literally one involving trade/business across state lines?

Would the activity “substantially affect” interstate commerce?

Under the Commerce clause, can Congress:

…determine who a private, small business may or may not serve, or how much it pays its employees? _________ Reason for your answer:

…determine which words can/cannot be said on radio/television? _________ Reason for your answer:  

…establish rules for air and water pollution, and penalize companies that only operate within a single state? _________ Reason for your answer:

Under the Commerce clause, can Congress:

Prohibit the carrying of a firearm on school property?

This idea was tested in the 1995 case of US vs. Lopez.

US vs. Lopez

Facts of the Case Alfonzo Lopez, a 12th grade high school student, carried a concealed

weapon into his San Antonio, Texas high school. He was charged under Texas law with firearm possession on school premises.

  The next day, the state charges were dismissed after federal agents

charged Lopez with violating a federal law, the Gun-Free School Zones Act of 1990.

  The act forbids "any individual knowingly to possess a firearm at a place

that [he] knows...is a school zone." Lopez was found guilty following a bench trial and sentenced to six months' imprisonment and two years' supervised release. He challenged his conviction, claiming that the Gun-Free School Zones Act was unconstitutional.

Question for the Court:Does the regulation of interstate commerce (commerce clause) apply to the

action of carrying of a weapon on school grounds?

US vs. Lopez

Yes, the Gun-Free School Zones Act is unconstitutional.

The Court ruled that the possession of a gun in a local school zone is not an economic activity that might have a substantial effect on interstate commerce. Thus, the law has nothing to do with "commerce" or any sort of economic activity, and Congress has exceeded its powers.