The Commerce Clause
Limits on Commerce Power in the Current Era
United States v. Lopez (1995)
514 U.S. 549 (1995)
Decision: Affirmed
Vote: 5-4
Majority: Rehnquist, joined by O’Connor, Scalia, Kennedy, and Thomas
Concurrence: Kennedy, joined by O’Connor
Concurrence: Thomas
Dissent: Breyer, joined by Stevens, Souter, and Ginsburg
Dissent: Stevens
Dissent: Souter
CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.
In the Gun-Free School Zones Act of 1990, Congress made it a federal offense “for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.” The Act neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce. We hold that the Act exceeds the authority of Congress “[t]o regulate Commerce … among the several States. … ” …
On March 10, 1992, respondent, who was then a 12th-grade student, arrived at Edison High School in San Antonio, Texas, carrying a concealed .38-caliber handgun and five bullets. Acting upon an anonymous tip, school authorities confronted respondent, who admitted that he was carrying the weapon. He was arrested and charged under Texas law with firearm possession on school premises … The next day, the state charges were dismissed after federal agents charged respondent by complaint with violating the Gun-Free School Zones Act of 1990 …
On appeal, respondent challenged his conviction based on his claim that § 922(q) exceeded Congress’ power to legislate under the Commerce Clause. The Court of Appeals for the Fifth Circuit agreed and reversed respondent’s conviction. It held that, in light of what it characterized as insufficient congressional findings and legislative history, “section 922(q), in the full reach of its terms, is invalid as beyond the power of Congress under the Commerce Clause.” … Because of the importance of the issue, we granted certiorari, and we now affirm.
We start with first principles. The Constitution creates a Federal Government of enumerated powers. See Art. I, § 8. As James Madison wrote: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” …
But even these modern-era precedents which have expanded congressional power under the Commerce Clause confirm that this power is subject to outer limits. In NLRB v. Jones & Laughlin Steel, (1937), the Court warned that the scope of the interstate commerce power “must be considered in the light of our dual system of government and may not be extended so as to embrace effects upon interstate commerce so indirect and remote that to embrace them, in view of our complex society, would effectually obliterate the distinction between what is national and what is local and create a completely centralized government.” … (Congress may regulate intrastate activity that has a “substantial ef