Throwback Thursday: US v Lopez (1995)

2A Threatened by SCOTUS’ interpretation of the Commerce Clause! In 1992, high school senior Alfonso Lopez carried a concealed 🔫 into school, & found guilty of violating the Gun-Free School Zones Act. On appeal in US v Lopez (1995), SCOTUS held the Act exceeded Congress’ power under the Commerce Clause (there was no other constitutional authority for it). SCOTUS reminded us “the Constitution creates a Federal Government of enumerated powers,” and “the powers delegated . . . to the federal government are few and defined.” SCOTUS then held Congress could only regulate INTRAstate activity that substantially affects INTERstate commerce if the INTRAstate activity is economic in nature. But, as Congress amended the Act to require the prosecutor to prove the 🔫 “moved in or otherwise affects INTERstate commerce,” it is now considered “constitutional.” So much for the 2nd Amendment!