Lopez appealed his conviction, arguing that Congress did not have the constitutional power to pass the Gun-Free Schools Act. The government argued that the Commerce Clause, which gives Congress the power to “regulate commerce with foreign nations, and among the several states,” gave lawmakers appropriate constitutional power. The government said that guns in school zones led to violent crime which could affect commerce by causing insurance rates to rise and discouraging travel through unsafe areas.
Contrary to the government’s argument, however the power to establish and maintain schools is traditionally reserved for the states. Many states, in turn, pass this responsibility on to local governments. Although Congress has substantial experience in creating firearms legislation, it does not have knowledge about, or experience managing, any one particular school district. States also have the power to provide fire and police protection.
Which expressed, concurrent and reserved powers apply to this issue?
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Lopez appealed his conviction, arguing that Congress did not have the constitutional power to pass t...
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