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Moorpark College Commerce Clause and the Constitution Questionnaire
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Answer questions, 1 paragraph for each question
- What does the Commerce Clause state and where is located in the Constitution?
- What two laws was Lopez charged with violating a law, and what happened to those charges? Make sure to explain each law.
- Why did Lopez challenge his conviction?
- How did the Supreme Court rule? Do you agree with their ruling?
- Dissenting, Justice Breyer argued, “Education, although far more than a matter of economics, has long been inextricably intertwined with the Nation’s economy…. guns in the hands of six percent of inner-city high school students and gun-related violence throughout a city’s schools must threaten the trade and commerce that those schools support.” Is this a strong argument that the law is constitutional under the Commerce Clause? Why or why not?
- What are the consequences of a strict interpretation of the term “commerce” when deciding the constitutionality of federal laws? What are the consequences of a liberal interpretation?
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Are there limits to the power of the Commerce clause and thus the regulatory power of Congress? And if so, how does this affect you?