Question

Which of the following is an accurate description of the decision in united states v. lopez (1995) ?
a. The Gun-Free School Zones Act of 1990 was upheld as constitutional because regulating arms is an enumerated power.
b. The Gun-Free School Zones Act of 1990 was upheld as constitutional because any interstate commerce is implied in the commerce clause
c. The Gun-Free School Zones Act of 1990 was struck down as unconstitutional because it exceeded the commerce clause.
d. The Gun-Free School Zones Act of 1990 was struck down because it exceeded the state’s power to regulate guns.

Answer 1

An accurate description of the decision in United States vs Lopez (1995) is that the Gun-Free School Zones Act of 1990 was struck down as unconstitutional because it exceeded the commerce clause (Option C).

Gun-Free School Zones Act of 1990 amended the Federal criminal code to impose criminal penalties for the procession or discharge of a firearm in a school zone, with exceptions such as possession or discharge by an individual acting in an official capacity as part of school program or law enforcement. In the case of United States vs Lopez, the court determined that the act was in violation of the constitution and Congress had overreached its power granted under the commerce clause. The court clarified that gun procession is an economic activity with any direct or indirect effect on interstate commerce. Hence, a federal government cannot base a law prohibiting gun possession in school zone under the commerce clause.

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