U.S. V Lopez Federalism Lopez Term Paper

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In this particular case the court found that the GFSZA contained "no jurisdictional element which would ensure, through a case by case inquiry, that the firearm possession in question affects interstate commerce." ("United States v. Lopez") in effect, the court said that the federal government can only pass laws involving activities that substantially affects interstate commerce and the possession of a gun in a school did not rise to that level.

In his concurrence, Justice Kennedy, stated that "it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one." ("United States v. Lopez") He argued that power divided between two separate institutions would control each other while simultaneously controlling themselves. This, it was thought, would lesson the chance that one institution would become tyrannical because the concept of "federalism," "secures to citizens the liberties that derive from the diffusion of sovereign power." ("United States v. Lopez") Lopez used this argument in his challenge and claimed that Congress lacked the power under the system of federalism to enact such a law. This claim that was backed up by the Supreme Court's decision which held that Congress had not presented findings that guns in schools affected interstate commerce and had then exceeded its legislative power in enacting the law.

To those who support Lopez, this case involved the attempt by Congress to obtain power that it had never had before, control over individual schools.

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But more importantly it was an extension of federal power into a domain that had been traditionally left to the states; an upsetting of the delicate balance of federalism. When the Supreme Court agreed with Lopez, it re-established the balance that had existed prior to the passage of the GFSZA, and restricted the power of the federal government. The commerce clause is somewhat vague as to the specifics of what exactly constitutes "commerce," and therefore is open to interpretations that could allow the federal government to interfere in just about any aspect of personal life. This is something the framers of the Constitution wanted to avoid and thus split power between the federal government and the states. With the decision in United States v. Lopez, an attempt to gain further power by the federal government was avoided and balance restored to the division of power......

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https://www.aceyourpaper.com/essays/us-lopez-federalism-lopez-100014
   

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