Judicial branch · Landmark case
United States v. Lopez
514 U.S. 549 (1995) · Opinion of the Court
What you should know
This page explains the Court’s holding in plain language.
The controlling document is the Court’s opinion. Verify language and context on official sources before relying on secondary accounts.
The Court held that the Gun-Free School Zones Act of 1990, which made it a federal crime to possess a firearm in a school zone, exceeded Congress’s power under the Commerce Clause. Possessing a gun near a school is not an economic activity that substantially affects interstate commerce, and the Act contained no jurisdictional element tying the offense to interstate commerce.
Background
Alfonso Lopez, a 12th-grade student in San Antonio, was charged under the federal Gun-Free School Zones Act after bringing a handgun to school. He moved to dismiss, arguing the Act was beyond Congress’s commerce power. The Fifth Circuit agreed; the Supreme Court affirmed. The case was the first time since the New Deal that the Court had struck down a federal statute as exceeding the Commerce Clause.
Lopez marked a turning point.
After decades in which Wickard-style aggregation seemed to leave almost no activity beyond federal reach, the Court insisted that the Commerce Clause still has judicially enforceable limits. The decision did not overrule Wickard, but it required a tighter connection between the regulated activity and interstate commerce and influenced later cases including Morrison and the Commerce Clause portion of NFIB v. Sebelius.
Vote and authorship
| Majority | Rehnquist, C.J. |
|---|---|
| Join | O’Connor, Scalia, Kennedy, Thomas |
| Concurrence | Kennedy, J. (joined by O’Connor); Thomas, J. |
| Dissent | Stevens, J.; Souter, J.; Breyer, J. (joined by Stevens, Souter, Ginsburg) |
The Constitution creates a Federal Government of enumerated powers.
Chief Justice Rehnquist · United States v. Lopez
How it fits in government
Legislative branch
Reimposes a real outer bound on what Congress may regulate under the Commerce Clause.
Federalism
Protects a sphere of state authority over ordinary local crime and education.
Judicial branch
Signals that the Court will again police the commerce power rather than treat it as effectively unlimited.