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US Federal Constitution QUESTION #5830
Question 1
Congress passes a law that prohibits the possession of firearms within 1,000 feet of a school. Does Congress have the power to pass this law?
  • Yes, under the Commerce Clause, because firearms involve interstate commerce.
  • Yes, under the Police Power of the federal government.
  • No, because the law does not involve an activity that 'substantially affects' interstate commerce.✔️
  • No, because the Second Amendment prohibits all gun-free zone laws.
Correct Answer Explanation
In United States v. Lopez, the Court held that the Gun-Free School Zones Act exceeded Congress's Commerce Clause power because the mere possession of a gun in a school zone is a non-economic activity that does not 'substantially affect' interstate commerce.