The legislative branch is home to the bicameral Congress: the Senate and the Hou

The legislative branch is home to the bicameral Congress: the Senate and the House of Representatives. The founders created this innovative branch of government to distribute power among the people through their representatives. Members of Congress are elected to represent their constituents’ interests on the national stage. The Constitution specifically grants Congress its most important power — the authority to pass, repeal, and amend laws. Additional powers (listed in Article I, Section 8 of the Constitution) are shared between the two houses. These include the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions. Additionally, Congress oversees executive branch performance and ensures responsible government affairs and spending.
Congress as a Body with Enumerated Powers
Previously, we developed our understanding of congressional power provided in the Constitution. Article I creates a Congress of enumerated powers and every law Congress enacts must be based on powers enumerated in the Constitution.
In this assignment, you will analyze the powers of the two houses of Congress, such as expressed and implied powers. Furthermore, you will evaluate the constitutionality of the Gun-Free Schools Zones Act.
Big Question
How are the powers of Congress limited in the American constitutional government?
Can Congress regulate everything?
Watch the United States v. Lopez video. The information in this video and the following article will help you compose your exploratory essay for this assignment. You will compose your exploratory essay in the Congressional Power document.
In 1990, Congress passed the Gun-Free School Zones Act to reduce the threat of crime impacting American youth. The law made it illegal to knowingly possess a firearm in a location that the possessor should know is a school zone. This law was subject to judicial review in the case of United States v. Lopez.
Alfonso Lopez Jr., a 12th-grade student at Edison High School in Texas, was convicted under federal law for carrying a concealed firearm into school. Lopez appealed to the Fifth Circuit Court of Appeals, claiming that the law was unconstitutional and that Congress overextended its power to legislate under the Commerce Clause (Article I, Section 8, Clause 3). The clause details Congress’s authority to regulate foreign commerce and interstate (state-to-state) commerce. The federal court of appeals agreed with Lopez and overturned his conviction.
The federal government requested a judicial review of the appeal court’s ruling. The government argued that regulating the possession of firearms close to and on school property is related to the Commerce Clause because of the substantial costs and repercussions associated with violent crimes. Furthermore, guns near schools adversely affect students’ ability to succeed in their education and the nation’s economy.
In a 5-4 decision, the Supreme Court declared that the Gun-Free School Zone Act was unconstitutional as written. The majority decision cited the number of assumptions one would have to make to connect firearms in school zones with the impact on interstate commerce. In other words, if Congress could regulate something so far removed from interstate commerce, then it could regulate anything. However, because the Constitution explicitly creates Congress as a body with enumerated powers, they cannot have the power to regulate anything. The dissent cited that guns in or near schools would prevent citizens from completing their education and negatively impact the region’s economic well-being by losing skilled labor.
Congress approved a revised version of the law in 1995. The revised Gun-Free School Zone Law includes language limiting the illegal act to possessing firearms that have moved through or otherwise affect interstate commerce. The burden of proof to prove interstate commerce’s involvement rests on the prosecution. The revised version of the Gun-Free School Zones Act is currently used and has been upheld several times.
Additional Resources for United States v. Lopez
For additional information, please access the resources listed below. Please feel free to use resources other than the ones provided.
United States v. Lopez case overview (opens in new window)
United States v. Lopez case introduction (opens in new window)
United States v. Lopez enumerated powers (opens in new window)
United States v. Lopez economic activity (opens in new window)
United States v. Lopez prevention of handgun violence (opens in new window)
Wickard v. Filburn as it relates to interstate commerce (opens in new window)
Gibbons v. Ogden as it relates to interstate commerce (opens in new window)
Instructions
Open the Congressional Power document (MS Word 18KB, opens in new window) and download a copy of the document to your computer (click the Download button). You will write an exploratory essay reflecting your analysis of the limitations of the powers of Congress by answering questions about United States v. Lopez. You will answer all questions for this assignment in the Congressional Power document.
Describe the background of the case: who were the parties involved, where and when the case took place, and other background information about the case. (at least one paragraph)
Discuss the argument presented by each of the parties involved. (at least one paragraph per party involved)
To challenge his conviction, what argument did Lopez’s defense present to the court?
What constitutional implications did the defense highlight in the case?
What was the counter-argument presented by the Federal government?
What constitutional issues did they bring up in the case?
Discuss the Supreme Court’s ruling, its majority opinion including the justices involved, and the corresponding dissenting opinion of the opposing justices. (at least two paragraphs)
After analyzing the case, how does United States v. Lopez show the limitations of the powers of Congress? Did Congress have the power to pass the Gun Free School Zones Act? (one paragraph)
Include a bibliography using at least two sources in MLA or APA citation format. Use Easy Bib (opens in a new window) to help you create the citation.
Big Question
How are the powers of Congress limited in the American constitutional government?
Checklist
Use this checklist to make sure you have completed the assignment.
I have read the instructions on how to complete my assignment.
I have reviewed the rubric to see how my assignment will be graded.
I have downloaded the Congressional Power document.
I have written at least one paragraph describing the background of United States v. Lopez.
I have written at least two more paragraphs discussing the arguments presented by each of the parties involved.
I have written at least two more paragraphs discussing the Supreme Court’s ruling in United States v. Lopez.
I have written one more paragraph describing how United States v. Lopez shows the limitations of the powers of Congress.
I have included a bibliography of at least two sources of information in MLA or APA citation format.
I have proofread my answers and support to make sure it is well written.