In this particular case the court found that the GFSZA contained "no jurisdictional element which would ensure, through a case by case inquiry, that the firearm possession in question affects interstate commerce." ("United States v. Lopez") in effect, the court said that the federal government can only pass laws involving activities that substantially affects interstate commerce and the possession of a gun in a school did not rise to that level.
In his concurrence, Justice Kennedy, stated that "it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one." ("United States v. Lopez") He argued that power divided between two separate institutions would control each other while simultaneously controlling themselves. This, it was thought, would lesson the chance that one institution would become tyrannical because the concept of "federalism," "secures to citizens the liberties that derive from the diffusion of sovereign power." ("United States v. Lopez") Lopez used this argument in his challenge and claimed that Congress lacked the power under the system of federalism to enact such a law. This claim that was backed up by the Supreme Court's decision which held that Congress had not presented findings that guns in schools affected interstate commerce and had then exceeded its legislative power in enacting the law.
To those who support Lopez, this case involved...
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