United States v. Lopez

514 U.S. 549, 115 S. Ct. 1624, 131 L. Ed. 2d 626, 1995 U.S. LEXIS 3039
CourtSupreme Court of the United States
DecidedApril 26, 1995
Docket93-1260
StatusPublished
Cited by3,032 cases

This text of 514 U.S. 549 (United States v. Lopez) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Lopez, 514 U.S. 549, 115 S. Ct. 1624, 131 L. Ed. 2d 626, 1995 U.S. LEXIS 3039 (1995).

Opinions

[551]*551Chief 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.” 18 U. S. C. § 922(q)(1)(A) (1988 ed., Supp. V). 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 . . . .” U. S. Const., Art. I, §8, cl. 3.

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. See Tex. Penal Code Ann. § 46.03(a)(1) (Supp. 1994). 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. 18 U. S. C. § 922(q)(1)(A) (1988 ed., Supp. V).1

A federal grand jury indicted respondent on one count of knowing possession of a firearm at a school zone, in violation of § 922(q). Respondent moved to dismiss his federal indictment on the ground that § 922(q) “is unconstitutional as it is beyond the power of Congress to legislate control over our public schools.” The District Court denied the motion, concluding that § 922(q) “is a constitutional exercise of Congress’ well-defined power to regulate activities in and affecting [552]*552commerce, and the ‘business’ of elementary, middle and high schools . . . affects interstate commerce.” App. to Pet. for Cert. 55a. Respondent waived his right to a jury trial. The District Court conducted a bench trial, found him guilty of violating §922(q), and sentenced him to six months’ imprisonment and two years’ supervised release.

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.” 2 F. 3d 1342, 1367-1368 (1993). Because of the importance of the issue, we granted certiorari, 511 U. S. 1029 (1994), 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.” The Federalist No. 45, pp. 292-293 (C. Rossiter ed. 1961). This constitutionally mandated division of authority “was adopted by the Framers to ensure protection of our fundamental liberties.” Gregory v. Ashcroft, 501 U. S. 452, 458 (1991) (internal quotation marks omitted). “Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.” Ibid.

The Constitution delegates to Congress the power “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Art. I, §8, [553]*553cl. 3. The Court, through Chief Justice Marshall, first defined the nature of Congress’ commerce power in Gibbons v. Ogden, 9 Wheat. 1, 189-190 (1824):

“Commerce, undoubtedly, is traffic, but it is something more: it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.”

The commerce power “is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the constitution.” Id., at 196. The Gibbons Court, however, acknowledged that limitations on the commerce power are inherent in the very language of the Commerce Clause.

“It is not intended to say that these words comprehend that commerce, which is completely internal, which is carried on between man and man in a State, or between different parts of the same State, and which does not extend to or affect other States. Such a power would be inconvenient, and is certainly unnecessary.
“Comprehensive as the word ‘among’ is, it may very properly be restricted to that commerce which concerns more States than one.... The enumeration presupposes something not enumerated; and that something, if we regard the language, or the subject of the sentence, must be the exclusively internal commerce of a State.” Id., at 194-195.

For nearly a century thereafter, the Court’s Commerce Clause decisions dealt but rarely with the extent of Congress’ power, and almost entirely with the Commerce Clause as a limit on state legislation that discriminated against interstate commerce. See, e. g., Veazie v. Moor, 14 How. 568, 573-575 (1853) (upholding a state-created steamboat monop[554]*554oly because it involved regulation of wholly internal commerce); Kidd v. Pearson, 128 U. S. 1, 17, 20-22 (1888) (upholding a state prohibition on the manufacture of intoxicating liquor because the commerce power “does not comprehend the purely internal domestic commerce of a State which is carried on between man and man within a State or between different parts of the same State”); see also L. Tribe, American Constitutional Law 306 (2d ed. 1988). Under this line of precedent, the Court held that certain categories of activity such as “production,” “manufacturing,” and “mining” were within the province of state governments, and thus were beyond the power of Congress under the Commerce Clause. See Wickard v. Filburn, 317 U. S. 111, 121 (1942) (describing development of Commerce Clause jurisprudence).

In 1887, Congress enacted the Interstate Commerce Act, 24 Stat. 379, and in 1890, Congress enacted the Sherman Antitrust Act, 26 Stat. 209, as amended, 15 U. S. C. § 1 et seq. These laws ushered in a new era of federal regulation under the commerce power.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

LaCour v. Marshalls of California
California Court of Appeal, 2025
United States v. Reed
District of Columbia, 2017
State v. Johnson
Washington Supreme Court, 2017
United States v. Konn
634 F. App'x 818 (Second Circuit, 2015)
Patrick Novak v. United States
795 F.3d 1012 (Ninth Circuit, 2015)
Windsor v. United States
833 F. Supp. 2d 394 (S.D. New York, 2012)
Estate of Graham v. Sotheby's Inc.
860 F. Supp. 2d 1117 (C.D. California, 2012)
City of Merced Redevelopment Agency v. ExxonMobil Corp.
674 F. Supp. 2d 494 (S.D. New York, 2009)
San Luis & Delta-Mendota Water Authority v. Salazar
663 F. Supp. 2d 922 (E.D. California, 2009)
United States v. Wilkinson
626 F. Supp. 2d 184 (D. Massachusetts, 2009)
United States v. Benevento
633 F. Supp. 2d 1170 (D. Nevada, 2009)
Stampolis v. Provident Auto Leasing Co.
586 F. Supp. 2d 88 (E.D. New York, 2008)
United States v. Pitre
294 F. App'x 690 (Second Circuit, 2008)
Cosme-Pérez v. Municipality of Juana Diaz
585 F. Supp. 2d 229 (D. Puerto Rico, 2008)
United States v. Senogles
570 F. Supp. 2d 1134 (D. Minnesota, 2008)
United States v. McGriff
287 F. App'x 916 (Second Circuit, 2008)
United States v. Estremera
282 F. App'x 935 (Second Circuit, 2008)
United States v. Mallory
525 F. Supp. 2d 1316 (S.D. Florida, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
514 U.S. 549, 115 S. Ct. 1624, 131 L. Ed. 2d 626, 1995 U.S. LEXIS 3039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lopez-scotus-1995.